CBOCS West, Inc. v. Humphries (U.S. 2008)
Articles Discussing Case:
More Retaliation Claims On The Horizon.
Ogletree Deakins • June 25, 2008
The U.S. Supreme Court has further expanded the ability of employees to sue for retaliation - an area of employment law that has exploded in recent years. Specifically, the Court held that a federal statute enacted shortly after the Civil War granting all citizens the right to enter into and enforce con-tracts (referred to as "Section 1981") can be used to bring a claim of employment-related retaliation.
Supreme Court Extends Retaliation Claims to More Employees (pdf).
Vedder Price • May 30, 2008
In its 2006 Burlington Northern
decision, the U.S. Supreme Court
adopted a relatively easy standard
for stating a retaliation claim under
Title VII. On May 27, 2008, it issued
two decisions which, in effect, enable
more employees to bring retaliation
claims. Although the decisions come
as no surprise, they highlight the
increasing risk that employers face
for retaliation claims.
High Court Allows Workers to Sue for Retaliation Under Section 1981.
Ogletree Deakins • May 29, 2008
Today, the U.S. Supreme Court further expanded the ability of employees to sue for retaliation – an area of employment law that has exploded in recent years. Specifically, the Court held that a federal statute enacted shortly after the Civil War granting all citizens the right to enter into and enforce contracts (commonly referred to as "Section 1981") can be used to bring a claim of employment-related retaliation.
Supreme Court Confirms: Section 1981 Includes Retaliation Claims.
Fisher & Phillips, LLP • May 28, 2008
The Supreme Court delivered its decision in CBOCS West, Inc. v. Humphries holding that Section 1981 of the Civil Rights Act of 1866 unequivocally includes claims of retaliation by those pursuing race and color claims under the statute. The Court's ruling has significant consequences for employers, including a longer period of time in which aggrieved employees may file suit, exposure to uncapped damages, as well as providing federal remedies for a greater number of employees who, until this decision, may not have been covered by federal anti-retaliation statutes.
