New York Employment Lawyer Blog

A recent article in the May 28, 2008, New York Times reported on a Supreme Court decision regarding retaliation.

The Court held that a provision of the Civil Rights Act of 1866, section 1981, permits the filing of retaliation claims. Retaliation claims arise when an employee makes complaints to their employer about discrimination, of race, gender, age, and national origin in the workplace and the employer responds with an adverse action. It was also held that this law covers both federal and private employees.

This decision is a significant step in the favor of employees because it provides recognition of the fact that employers cannot “punish” those who speak out against discriminatory acts in the workplace.