The Supreme Court's Retaliation Rulings

Law360, New York (May 29, 2008, 12:00 AM EDT) -- Section 1981 of the Civil Rights Act of 1866, a predecessor of Title VII of the Civil Rights Act of 1964, prohibits racial discrimination against those that make or enforce contracts (including employment contracts).

On May 27, the United States Supreme Court, in CBOCS West Inc. v. Humphries, extended Section 1981 to also prohibit retaliation against those that seek to “vindicate the rights of minorities.”

Although Section 1981 overlaps Title VII’s prohibition of racial discrimination in the workplace, Section 1981 offers particular advantages to an employee...
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