Posted On: June 3, 2008 by Schwartz & Perry

Broad Protection for Employees Against Retaliation

The two recent cases decided by the United States Supreme Court demonstrate that there is a broad consensus among a diverse group of the Justices that retaliation against workers who complain of race discrimination and/or age discrimination is wrong. In a recent case, Chief Justice John Roberts joined Justice Stephen G. Breyer in the majority opinion of a 7-2 vote holding that a provision of the Civil Rights Act of 1866 covers claims of retaliation that follow complaints about racial discrimination.

In another case, Justice Samuel Alito wrote a majority opinion in a 6-3 decision which held that the Age Discrimination in Employment Act protects federal workers from retaliation after complaining about age discrimination. These two cases show the broad support for protection of employees against retaliation in the workplace.