Supreme Court Recognizes 2 New Retaliation Claims
The U.S. Supreme Court has ruled in separate decisions that retaliation is prohibited under two federal discrimination statutes that don’t clearly say so — 42 U.S.C. § 1981 and the federal-sector provisions of the Age Discrimination in Employment Act (ADEA).
CBOCS West, Inc. v. Humphries
In the first case, a Cracker Barrel assistant manager sued the employer for discrimination and retaliation under 42 U.S.C. § 1981, a post-Civil War era law that prohibits race discrimination in the making and enforcement of contracts. The employee’s retaliation claim was based on retaliatory actions he allegedly suffered after complaining that another employee had been subjected to race discrimination.
