On May 27, 2008, the United States Supreme Court ruled that race retaliation claims are allowable under 42 U.S.C. § 1981. See CBOCS West, Inc. v. Humphries, __ S.Ct. ___, 2008 WL 2167860 (May 27, 2008). While lower circuit courts have held § 1981 allows retaliation claims, this is the first decision from the U.S. Supreme Court on the issue. This ruling will have a significant effect on the area of employment litigation because it conclusively establishes that individuals may bring claims of retaliation against employers under § 1981.
As we explained in our February 29, 2008, blog, this decision is important because it allows employees to circumvent the strict time requirements of Title VII and confirms employers may be subject to retaliation claims, even if the employee did not follow the administrative procedures required by Title VII. In Georgia, this means employers must watch for retaliation claims for two years from the alleged retaliatory action rather than only watching for an EEOC Charge within 180 days after the alleged retaliatory action and a lawsuit within 90 days after the issuance of a right-to-sue letter from the EEOC.
The attorneys at Buckley Brown are available to assist you in preventing and defending retaliation and other employment discrimination claims, under both Georgia and federal law.
For more information, please contact T.K. Haff at (404) 633-9230.