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Employment Labor

Firm Newsletter, Summer 2008

July 26, 2008

Articles In This Issue: 1. An Employer’s Notice Obligations Under The Family And Medical Leave Act 2. Essential Considerations For Protecting A Company’s Most Valuable Information 3. The Emerging Trend Of Wage And Hour Litigation: Are You Prepared? 4. Protection Afforded To Employers By Job Reference Immunity Statutes 5. Employment Manuals: Why Every Employer Should Have One And What Should Be Included 6. U.S. House of Representatives Passes ADA Amendents Act Related Information: Firm Newsletter, Summer 2008 Read More

Supreme Court Holds That Section 1981 Encompasses Retaliation Claims

May 28, 2008

On May 27, 2008, in CBOCS West, Inc. v. Humphries, No. 06-1431, the U.S. Supreme Court, by a vote of 7-2, held that 42 U.S.C. § 1981 encompasses retaliation claims. Mr. Humphries, an African-American, was employed as an assistant manager of a Cracker Barrel store and was fired after he complained to managers that a fellow assistant manager fired another African-American employee for race-based reasons. Mr. Humphries filed suit against CBOCS West, Inc., Cracker Barrel’s owner, alleging race discrimination under both Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., and § 1981. Section 1981 provides that any “person within the jurisdiction of the United States” has the same right to “make and enforce” contracts, regardless of race. The District Court for the Northern District of Illinois dismissed Humphries’ Title VII claim because he failed to timely pay required filing fees and granted CBOCS’ motion for summary judgment on the § 1981 claim. Humphries appealed. The U.S. Court of Appeals for the Seventh Circuit affirmed the ruling on the Title VII claim, but reversed the ruling and remanded for a trial on the § 1981 claim, rejecting CBOCS’ argument that the statute does not encompass a claim of retaliation. The Supreme Court granted certiorari to CBOCS and agreed to consider the question of whether the § 1981 encompasses retaliation claims. The majority opinion, authored by Justice Breyer, held that employees may bring retaliation claims under § 1981. The Court based its decision upon stare decisis principles and examined its prior decision in Sullivan v. Little Hunting Park, Inc., 396 U.S. 229, 237 (1969), as later interpreted and relied upon by Jackson v. Birmingham Bd. of Ed., 544 U.S. 167, 176 (2005), which recognized that retaliation claims are encompassed by 42 U.S.C. § 1982, providing that “[a]ll citizens…shall have the same right…as is enjoyed by white citizens…to inherit, purchase, lease, sell, hold, and convey real and personal property.” Read More

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