Supreme Court Recognizes Retaliation Claim Under Section 1981
Tuesday, May 27th, 2008The 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.
