U.S. Supreme Court Allows Retaliation Claims Under Section 1981


Allegra Lawrence-Hardy and Abigail J. Politzer - Sutherland
June 23, 2008  

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Litigation Partner Judith A. O'Brien contributed to this article.

Employees gained an additional federal cause of action for race-based retaliation claims under a decision issued last week by the United States Supreme Court. Section 1981 (42 U.S.C. § 1981)—a civil rights law that grants all persons the right to make and enforce contracts regardless of race—permits a cause of action for retaliation, the Court held. See CBOCS West, Inc. v. Humphries, No. 06-1431 (May 27, 2008) (slip op.).


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