On May 27, 2008, 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. (CBOCS West, Inc. v. Humphries, No. 06-1431, U.S. Supreme Court, 2008)
Discrimination no, retaliation yes
Hedrick Humphries, who is black, was the assistant manager at a Cracker Barrel in Illinois. He alleged he was fired based on his race and because he complained to managers that a black co-worker had also been dismissed for race-based reasons.
Humphries sued Cracker Barrel under Section 1981 for both race discrimination and retaliation. The trial judge granted summary judgment to Cracker B...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Harassment: Your response makes all the difference
- Supreme Court to hear Florida FedEx drivers' discrimination case
- Arbitration agreement may not be bulletproof
- The Minnesota Whistleblower Act: More time--and more protection--for whistle-blowers