Lawyers' Committee for Civil Rights Under Law
1401 New York Avenue, NW
Suite 400
Washington, DC 20005

For Immediate Release
Contact:
Stacie Miller
202-662-8317
smiller@lawyerscommittee.org

May 28, 2008

The Lawyers' Committee for Civil Rights Under Law
Applauds Supreme Court for Protecting Employees
from Workplace Retaliation
Court Upholds Civil Rights Statute Ensuring Persons of All Races
Equal Contractual Rights

WASHINGTON, D.C., May 28, 2008 – In a 7-2 decision, the Supreme Court yesterday held in CBOCS West, Inc. v. Hendrick Humphries that Section 1981 of the Civil Rights Act of 1866’s prohibition against race discrimination in contracting also encompasses retaliation claims. The majority opinion, written by Justice Breyer, echoes many of the arguments presented in an amicus or “friend of the court” brief filed by the Lawyers’ Committee for Civil Rights Under Law on behalf of the Leadership Conference on Civil Rights.  By preserving significant protections against retaliation, the Court’s decision constitutes a major victory for the civil rights community. 

Hendrick Humphries, an African-American associate manager at a Cracker Barrel restaurant owned by CBOCS, Inc., complained that a white assistant manager fired a black employee for racially discriminatory reasons and was later fired.  Humphries later filed a lawsuit alleging that he was terminated for standing up for the rights of the other black employee who he believed was discriminatorily fired.

 “The Supreme Court at the heart of its ruling found that if Section 1981 is to retain its important role of ensuring that persons of all races enjoy equal rights to contracts then it has to be read to prohibit retaliation against the exercise of the very rights that it protects,” said Michael Foreman, deputy director of Legal Programs for the Lawyers’ Committee.  “If the employee’s right to claim unlawful discrimination is not absolutely protected, the actual right itself to be free of discrimination becomes a hollow promise.”

The Court found that previous holdings and well-established prior law compelled an interpretation of the Section 1981 statute as to include retaliation claims.  In a 1969 case, Sullivan v. Little Hunting Park, Inc., the Court recognized such claims under Section 1982.  Since Sections 1981 and 1982 were originally part of the same Civil Rights Act of 1866, the two statutes have traditionally been interpreted alike.   The Court followed that tradition in its decision yesterday.  

The Court rejected CBOCS’ arguments that retaliation actions were not covered by Section 1981, finding that neither Congress’ omission of the word “retaliation” in the statute’s text nor its failure to include the word in a 1991 amendment evinced an intention to exclude such claims.  Concerns that a Section 1981 retaliation claim would overlap with actions allowed under Title VII were unconvincing to the Court, as such overlap already exists in other areas of employment discrimination law. 

Justice Thomas filed a dissenting opinion, which was joined by Justice Scalia. The dissent relied on the language of the statute to find that it did not include an implied action for retaliation.  Justice Thomas also disagreed with majority’s allowance of a race-based claim to be combined with a retaliation claim, which he asserts “is not based on anyone’s race.”  Further, the dissent found Sullivan distinguishable on other grounds, and did not interpret the Sullivan decision as finding retaliation claims cognizable under Section 1982.  

On a similar issue which arose under the Age Discrimination in Employment Act, Gomez-Perez v. Potter, a 6-3 majority of the Court found yesterday that federal employees were protected from retaliation as well. Applying much of the same reasoning they had applied in the CBOCS case, Justice Alito wrote the opinion for the majority holding. In this case Justices Thomas and Scalia reiterated their dissent from CBOCS. Chief Justice Roberts also dissented here explaining that the age law was written differently so the rationale he accepted in CBOCS did not apply here.

The Lawyers’ Committee for Civil Rights Under Law (LCCRUL), a nonpartisan, nonprofit organization, was formed in 1963 at the request of President John F. Kennedy to involve the private bar in providing legal services to address racial discrimination. The principal mission of the Lawyers’ Committee is to secure, through the rule of law, equal justice under law, particularly in the areas of housing, community development, employment, voting, education and environmental justice.  For more information about the LCCRUL, visit www.lawyerscommittee.org.

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