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Expert Analysis

What The CBOCS Decision Means For Employers

Law360 (September 22, 2008, 12:00 AM EDT) -- Unlike numerous other anti-discrimination laws, Section 1981 of the Civil Rights Act of 1866 does not expressly forbid retaliation against employees who complain about discrimination. In CBOCS West Inc. v. Humphries, the Supreme Court nevertheless held on May 27 that Section 1981, which on its face guarantees racial equality in the right to make a contract, also prohibits retaliation by employers. What does CBOCS mean for employers? While it creates the potential for greater liability than Title VII of the Civil Rights Act of 1964, it is not the sea change that many predicted....

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