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CBOCS West, Inc. v. Humphries

Supreme Court will decide 42 USC Section 1981 retaliation case CBOCS West, Inc. v. Humphries. In Humphries, the 7th Circuit held that Section 1981 provides a cause of action for retaliation.

Humphries sued under 42 USC Section 1981 claiming that his employer discharged him in retaliation for complaining to managers about (a) disciplinary actions taken against him allegedly because of his race, and (b) the discharge of another employee allegedly because of that employee's race. The issue in Humphries is whether retaliation claims are in fact recognized under 42 US 1981. Section 1981, enacted during Reconstruction as part of the Civil Rights Act of 1886, stipulates that all persons, regardless of race, have equal rights with regards to making and enforcing contracts.

Under Supreme Court precedent, Humphries has a claim of retaliation. See Sullivan v. Little Hunting Park, Inc. and Jackson v. Birmingham Board of Education. The Defendant employer, CBOCS West, has alleged that because Congress did not include language establishing a retaliation claim when it amended the Section of the 1991 Civil Rights Act, then the Court cannot recognize Section 1981 retaliation claim.

Read the full text of the 7th Circuit Opinion here.