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Humphries sued under 42 USC Section 1981 claiming
that his employer discharged him in retaliation for complaining to managers
about (a) disciplinary actions taken against him allegedly because of his race,
and (b) the discharge of another employee allegedly because of that employee's
race. Section 1981 prohibits race discrimination in "the making,
performance, modification, and termination of contracts, and the enjoyment of
all benefits, privileges, terms, and conditions of the contractual
relationship." There is no express mention of retaliation. The 7th Circuit
held (2-1) that Section 1981 provides a cause of action for retaliation. The US
Supreme Court granted certiorari to review the 7th Circuit's judgment.
Case below: Humphries
v. CBOCS West, Inc. (7th Cir 01/10/2007) (2-1)
Oral argument:
February 20, 2008. [Transcript] The Court granted a motion allowing the Solicitor General to participate
in oral argument as amicus curiae and for divided argument.
Official docket sheet
Certiorari granted 09/25/2007.
Question presented:
Is a race retaliation claim cognizable under 42 U.S.C. § 1981?
Certiorari Documents:
Briefs on the merits:
- Brief of petitioner CBOCS West, Inc.
- Brief of respondent Hedrick G. Humphries
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Reply
Brief of petitioner CBOCS West, Inc.
- Brief
for the Equal Employment Advisory Council and the National Federation
of Independent Business Legal Foundation in Support of Petitioner
- Brief
for the United States Chamber of Commerce in Support of Petitioner
- Brief
for the United States in Support of Respondent
- Brief
for the National Employment Lawyers Association in Support of
Respondent
- Brief
for Members of Congress in Support of Respondent
- Brief
for Members of Congress in Support of Respondent
- Brief
for the Leadership Conference on Civil Rights and the Leadership
Conference on Civil Rights Education Fund in Support of Respondent
- Brief
for the States of New York, Arizona, Connecticut, Iowa, Illinois,
Maryland, Massachusetts, Missouri, Nevada, New Jersey, Ohio, Vermont,
and West Virginia in Support of Respondent
- Brief
for Historians, Mary Frances Berry, Paul Finkelman, Robert J.
Kaczorowski, Stanley N. Katz, David Levering Lewis, Leon F. Litwack,
James McPherson, William Wiecek, and 40 other Scholars in Support of
Respondent
Counsel:
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