Sup Ct To Decide If Race Retaliation Claims Can Be Brought Under Section 1981
The United States Supreme Court has agreed to consider whether race retaliation claims are cognizable under 42 U.S.C.A. § 1981. In the case below, the Seventh Circuit held that § 1981 does apply to retaliation claims.
Section 1981, derived from the Civil Rights Act of 1866, states that all persons within the jurisdiction of the United States shall have the same right to make and enforce contracts "as is enjoyed by white citizens." As amended by the Civil Rights Act of 1991, it further states that the term "make and enforce contracts" includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship.
The action, brought by an African-American male, was for discrimination and retaliation under Title VII § 1981, and was based upon his discharge as an associate manager at a restaurant.
CBOCS West, Inc. v. Humphries