Retaliation Ruling Favors Expanded Remedies

Law360 (June 9, 2008, 12:00 AM EDT) -- In an important case closely watched by civil rights and business groups, the U.S. Supreme Court ruled on May 27, 2008, that the 19th-century civil rights statute commonly referred to as "Section 1981" provides a cause of action for retaliation.

In CBOCS West Inc. v. Humphries, a decisive majority of seven justices rejected arguments that 42 U.S.C. ยง 1981 should be interpreted narrowly.

In an opinion by Justice Stephen G. Breyer, the Court chose to construe Section 1981 as not only prohibiting racial discrimination in the...
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