Supreme Court Decisions Protect Workers From Retaliation For Reporting On-The-Job Discrimination
FOR IMMEDIATE RELEASE
CONTACT: (212) 519-7811 or 549-2666; media@aclu.org
NEW YORK – The American Civil Liberties Union welcomed two decisions from the U.S. Supreme Court today protecting workers from retaliation when they complain about on-the-job discrimination.
In CBOCS West, Inc. v. Humphries, the Court ruled, by a 7-2 vote, that a Civil War-era statute designed to prohibit racial discrimination in the “mak[ing] and “enforce[ing] of contracts” bars retaliation against an employee who reports discrimination against another worker in the workplace.
Similarly, in Gomez-Perez v. Potter, the Court ruled, by a 6-3 vote, that federal employees, like private-sector employees, are protected against retaliation for reporting violations of the Age Discrimination in Employment Act.
Although neither statute expressly provides for retaliation claims, the Court recognized, in its two decisions, that protection against retaliation is essential to the vigorous enforcement of the nation’s civil rights laws.The Court also noted that its decisions today were consistent with a long line of prior decisions interpreting other, related civil rights statutes.
“Today’s decisions are appropriately grounded in the realities of the workplace,” said Steven R. Shapiro, National Legal Director of the ACLU. “Workers who fear retaliation are far less likely to report discrimination. Congress understood as much when it passed laws prohibiting employment discrimination based on race and age. By acknowledging that fact in its decisions today, the Court has protected workers and respected congressional intent.”
FOR IMMEDIATE RELEASE
CONTACT: (212) 519-7811 or 549-2666; media@aclu.org
NEW YORK – The American Civil Liberties Union welcomed two decisions from the U.S. Supreme Court today protecting workers from retaliation when they complain about on-the-job discrimination.
In CBOCS West, Inc. v. Humphries, the Court ruled, by a 7-2 vote, that a Civil War-era statute designed to prohibit racial discrimination in the “mak[ing] and “enforce[ing] of contracts” bars retaliation against an employee who reports discrimination against another worker in the workplace.
Similarly, in Gomez-Perez v. Potter, the Court ruled, by a 6-3 vote, that federal employees, like private-sector employees, are protected against retaliation for reporting violations of the Age Discrimination in Employment Act.
Although neither statute expressly provides for retaliation claims, the Court recognized, in its two decisions, that protection against retaliation is essential to the vigorous enforcement of the nation’s civil rights laws.The Court also noted that its decisions today were consistent with a long line of prior decisions interpreting other, related civil rights statutes.
“Today’s decisions are appropriately grounded in the realities of the workplace,” said Steven R. Shapiro, National Legal Director of the ACLU. “Workers who fear retaliation are far less likely to report discrimination. Congress understood as much when it passed laws prohibiting employment discrimination based on race and age. By acknowledging that fact in its decisions today, the Court has protected workers and respected congressional intent.”
Stay informed
Every month, you'll receive regular roundups of the most important civil rights and civil liberties developments. Remember: a well-informed citizenry is the best defense against tyranny.
By completing this form, I agree to receive occasional emails per the terms of the ACLU’s privacy policy.
The latest in Smart Justice
ACLU's Vision
The American Civil Liberties Union is a nonprofit organization whose mission is to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States of America.
Learn More About Smart Justice
The ACLU Campaign for Smart Justice is an unprecedented, multiyear effort to reduce the U.S. jail and prison population by 50% and to challenge racism in the criminal legal system.