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<b>BREAKING NEWS:</b> Supreme Court Makes It Easier For Employers to Sue for Retaliation

By Tony Mauro
May 28, 2008

In a pair of workplace discrimination cases, the Supreme Court on May 27 made it easier for workers to sue employers who retaliate against them for reporting bias.

One ruling, affecting private employers, will give employees more time to file suit and larger potential damage awards when they claim employer retaliation than they had before. The 7-2 decision was titled CBOCS West Inc. v. Humphries.

Under Title VII of the Civil Rights Act, Hedrick Humphries, an assistant manager at an Illinois Cracker Barrel restaurant, was deemed to have filed his racial discrimination complaint too late. He said he had been fired because he was black and because he had complained about racial bias directed against a co-worker. Under Title VII, once the Equal Employment Opportunity Commission has issued a “right to sue” letter, plaintiffs like Humphries have 90 days to file suit in federal court. Damages are also subject to caps depending on the size of the company.

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