High Court Upholds Section 1981 Retaliation Claims

Law360, New York (May 27, 2008, 12:00 AM EDT) -- In one of two opinions issued on retaliation on Tuesday, the U.S. Supreme Court upheld an appellate court ruling that held that 42 U.S.C. Section 1981 covers the claims of race retaliation brought by a former Cracker Barrel associate manager against his employer.

Relying on the precedent set by its previous rulings in similar cases, the court found that Section 1981 — a law which grants people of all races the same rights “to make and enforce contracts” — encompasses claims of retaliation.

The 7-2 decision,...
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