In a 6-2 decision, the Supreme Court has ruled that a provision of the 1966 Civil Rights Act prohibiting race discrimination permits retaliation claims. In the case in question, an assistant manager of a restaurant claimed he had been terminated because of his race and because of his complaint about racial discrimination against a co-worker. By explicitly holding that §1981 (related to racial discrimination against one’s right to make and enforce contracts) includes authority for claims for retaliation, the court has significantly broadened potential employer exposure.
First, §1981 provides up to four years to file a claim (unlike the much shorter timeframes under Title VII) and second, claims under this section have no cap on potential punitive or pain and suffering damages.
Source: National Association of Professional Employer Organizations (NAPEO)
