The Consumer Product Safety Act has been amended to include a whistleblower retaliation provision. The Consumer Product Safety Improvement Act of 2008 was signed into law by President Bush on August 14, 2008.
The U.S. Supreme Court held today in CBOCS West, Inc. v. Humphries that 42 U.S.C. section 1981 provides a remedy for claims of retaliation for complaining about discrimination in connection with the making or enforcement of contracts. Section 1981 itself prohibits race discrimination in the making or enforcement of contracts. It has been construed to include employment discrimination claims. Today’s decision opens the door to retaliation claims.
The U.S. Court of Appeals for the Fourth Circuit ruled on January 31, 2008, that the filing of a fraud lawsuit against a former employee constituted actionable retaliation under the Fair Labor Standards Act (”FLSA”). The opinion can be read here — Darveau v. Detecon, Inc., No. 06-2092.
In perhaps a strange coincidence of timing, a King County, Washington, jury awarded a lesbian $4.4 million in her lawsuit against Goodyear Tire & Rubber Co. for demoting her after she complained of discrimination because of her sexual orientation the same week that the House of Representatives passed the Employment Non-Discrimination Act, which would prohibit discrimination based on sexual orientation across the nation.
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