Los Angeles employment lawyer Perry Smith

CBOCS West v. Humphries – What the Supreme Court’s Decision Means

In November 2001, Hedrick Humphries, an associate manager at a Cracker Barrel store in Illinois, filed a complaint with district manager William Christensen, claiming that he and a fellow employee, Venus Green, had both been the targets of discrimination by associate manager Joe Stinnett because they were African-American. Christensen, having received the complaint, failed to conduct an investigation into the matter as required by company rules.

In December of that year, Humphries was fired from his job for allegedly failing to adhere to company policies regarding employee duties and conduct. According to company records, he had been warned on several occasions about problems with his job performance. Humphries, however, felt that his dismissal was due to a combination of racial bias and retaliatory desire from his employer, CBOCS West (Cracker Barrel).

In response, Humphries sued CBOCS West under Title VII of the Civil Rights Act and Section 1981 of the US Code. Both his suits were initially dismissed by a district judge, who ruled that Humphries had failed to take action within the time window set by the Equal Employment Opportunity Commission’s (EEOC) statute of limitations. The judge also ruled that Humphries was not allowed to sue Cracker Barrel for allegedly retaliating under existing federal law.

In May 2008, the US Supreme Court ruled in favor of Humphries in the case CBOCS West v. Humphries, holding that the language of Section 1981, which dates back to the Civil War era, allows employees to sue their employers for retaliation, even if the statute never explicitly mentions the right. In a 7-2 decision, the Court permitted Humphries to proceed with his retaliation lawsuit, and also reaffirmed a key bastion of employees’ rights.

In simple terms, the Supreme Court’s recent decision means that employees have the right to take legal action against employers who retaliate against them for reporting or complaining of discriminatory behavior. Though a legal precedent for allowing retaliation lawsuits has existed in lower courts for some time, the decision in CBOCS West v. Humphries strongly reaffirms this idea. Furthermore, although the National Federation of Independent Businesses called the decision “extremely disappointing,” the ruling is undoubtedly a great victory for those who would support the rights of employees to work in a non-discriminatory environment.

If your employer has retaliated against you for reporting discrimination in your workplace, Los Angeles employment lawyer Perry Smith can help. Call him today at 888-356-2529 to learn more.