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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. § 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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