CBOCS West, Inc. v. Humphries
| CBOCS West v. Humphries | |
|---|---|
 L. Ed. 2d 864 | |
| Holding | |
| Petitioner can claim retaliation in 42 U.S.C. §1981 | |
| Court membership | |
| |
| Case opinions | |
| Majority | Breyer, joined by Roberts, Stevens, Kennedy, Souter, Ginsburg, Alito |
| Dissent | Thomas, joined by Scalia |
| Laws applied | |
| Civil Rights Act of 1866 | |
CBOCS West, Inc., v. Hedrick G. Humphries, 553 U.S. 442 (2008), is a
Civil Rights Act of 1871 and the Civil Rights Act of 1964
.
Background
Hendrick Humpries was a mid-level manager for a
Cracker Barrel restaurant, which is owned by CBOCS West Inc. Humphries was fired from his job at Cracker Barrel for speaking out over another Black coworker being fired for his race. He originally filed under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. However Title VII claims first must be made to the U.S. Equal Opportunity Employment Commission and that part of the case was dismissed by the United States District Court for the Northern District of Illinois. Humphries appealed to the United States Court of Appeals for the Seventh Circuit, which reversed the earlier decision and ordered a trial. The trial held that CBOCS did indeed violate Title VII and U.S.C. § 1981. CBOCS then a petition for a writ of certiorari
with the Supreme Court.
Opinion of the Court
The Court held that retaliation is covered under 42 U.S.C. § 1981 which provides that "[a]ll persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts . . . as is enjoyed by white citizens".stare decisis in its decision, citing Sullivan v. Little Hunting Park, Inc. and Jackson v. Birmingham Board of Education.
References
External links
- Text of CBOCS West, Inc. v. Humphries, 553 U.S. 442 (2008) is available from: Google Scholar Justia Oyez (oral argument audio) Supreme Court (slip opinion) (archived)