neochart v2 research

cases/42usc1981/us-553-442-cbocs-west-v-humphries.case

Source: cases/42usc1981/us-553-442-cbocs-west-v-humphries.case

Case source: https://www.neochart.com/catalog/cases/us/volume_553/0442_01/index.html

Verbatim annotated passages

A longstanding civil rights law, first enacted just after the Civil War, 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.” Rev. Stat. § 1977, 42 U. S. C. § 1981(a). The basic question before us is whether the provision encompasses a complaint of retaliation against a person who has complained about a violation of another person’s contract-related “right.” We conclude that it does.
We consequently hold that 42 U. S. C. § 1981 encompasses claims of retaliation.
Regardless, we have previously acknowledged a “necessary overlap” between Title VII and § 1981. Patterson, 491 U. S., at 181. We have added that the “remedies available under Title VII and under §1981, although related, and although directed to most of the same ends, are separate, distinct, and independent.” Johnson v. Railway Express Agency, Inc., 421 U. S. 454,461 (1975). We have pointed out that Title VII provides important administrative remedies and other benefits that § 1981 lacks. See id., at 457-458 (detailing the benefits of Title VII to those aggrieved by race-based employment discrimination). And we have concluded that “Title VII was designed to supplement, rather than supplant, existing laws and institutions relating to employment discrimination.” Alexander v. Gardner-Denver Co., 415 U. S. 36, 48-49 (1974). In a word, we have previously held that the “overlap” reflects congressional design. See ibid. We have no reason to reach a different conclusion in this case.

Exact source text

casedsl 1

case /us/553/0442-01
  name    CBOCS West, Inc. v. Humphries
  cite    553 U.S. 442 (2008)
  court   Supreme Court of the United States
  date    2008-05-27
  url     catalog/cases/us/volume_553/0442_01/index.html
  source  ir/caselaw/us_553.jsonl sha1=7873a4001f1716d2c2c65d2fe80c957c2051d9ff chars=58655


law 42usc1981
  role    rule-announced
  posture Certiorari limited to whether §1981 encompasses retaliation; Court affirms Seventh Circuit remand for trial, without deciding factual sufficiency.
  result  remanded


element protected-activity : not-reached
  variant protected-advocacy/coworker-racial-dismissal
  party Humphries
  opinion majority
  fact @584..989 [supports] | The case before us arises out of a claim by respondent, Hedrick G. Humphries, a former assistant manager of a Cracker Barrel restaurant, that CBOCS West, Inc. (Cracker Barrel’s owner), dismissed him (1) because of racial bias (Humphries is a black man) and (2) because he had complained to managers that a fellow assistant manager had dismissed another black employee, Venus Green, for race-based reasons.
  rule @51..581 | A longstanding civil rights law, first enacted just after the Civil War, 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.” Rev. Stat. § 1977, 42 U. S. C. § 1981(a). The basic question before us is whether the provision encompasses a complaint of retaliation against a person who has complained about a violation of another person’s contract-related “right.” We conclude that it does.
  held @25226..25305 | We consequently hold that 42 U. S. C. § 1981 encompasses claims of retaliation.
  gloss Advocacy of another employee’s contract-related racial rights is within statutory protection. No finding here establishes that Humphries proved advocacy, knowledge, retaliatory injury, or causation; factual retaliation claim returns for trial.

element remedies : not-reached
  variant parallel-remedies/title-vii-independent-section1981
  opinion majority
  rule @20427..21416 | Regardless, we have previously acknowledged a “necessary overlap” between Title VII and § 1981. Patterson, 491 U. S., at 181. We have added that the “remedies available under Title VII and under §1981, although related, and although directed to most of the same ends, are separate, distinct, and independent.” Johnson v. Railway Express Agency, Inc., 421 U. S. 454,461 (1975). We have pointed out that Title VII provides important administrative remedies and other benefits that § 1981 lacks. See id., at 457-458 (detailing the benefits of Title VII to those aggrieved by race-based employment discrimination). And we have concluded that “Title VII was designed to supplement, rather than supplant, existing laws and institutions relating to employment discrimination.” Alexander v. Gardner-Denver Co., 415 U. S. 36, 48-49 (1974). In a word, we have previously held that the “overlap” reflects congressional design. See ibid. We have no reason to reach a different conclusion in this case.
  gloss The Court rejects the objection that §1981 retaliation permits circumvention of Title VII procedures. This announces independent remedial avenues, not entitlement to damages; no fee or damages award is reviewed.

misfit Recognition of a statutory retaliation cause of action is a legal win but not a satisfied factual protected-activity finding in v1. Majority ends at 25373; Thomas dissent is not used. Own-contract restrictions on direct discrimination are not mechanically applied to advocacy of another person’s rights.