CBOCS West, Inc. v. Humphries
Supreme Court of the United States
On Writ of Certiorari to the United States Court of Appeals for the Seventh Circuit
Cite as 06-1431

Race Retaliation Claim Cognizable Under 42 U.S.C. § 1981

Hedrick G. Humphries, an African American, worked as an associate manager in a Cracker Barrel restaurant owned by CBOCS West, Inc. (“Cracker Barrel”) for three years, until Cracker Barrel dismissed his employment on December 5, 2001 for violation of company policy.

In August and October 2001, Humphries complained to his district manager about his general manager’s disciplinary reports, racially offensive remarks, racial biased and the termination of fellow employee, Venis Green.

The district manager failed to take any action, and instead fired Humphries.

On August 9, 2002, Humphries timely filed a charge of discrimination with the Equal Employment Opportunity Commission challenging his dismissal from employment.

The Equal Employment Opportunity Commission conducted an investigation and issued Humphries a right-to-sue letter dated March 3, 2003.

Humphries filed a complaint against Cracker Barrel in the Federal District Court, the United States District Court for the Northern District of Illinois alleging that CBOCS West, Inc.’ actions violated both Title VII of the Civil Rights Act of 1964 and 42 U. S. C. § 1981 and the older equal contract rights provision. Specifically, charging race discrimination and retaliation.

The District Court dismissed Humphries’ Title VII claims for failure to pay necessary filing fees on a timely basis but granted CBOCS West, Inc.’ motion for summary judgment on Humphries’ two §1981 claims.

Humphries appealed to the United States Court of Appeals for the Seventh Circuit.

On appeal, Humphries maintains that his claim is race based and actionable under Section 1981.

Section 1981 is the only statutory provision Humphries relied upon in his appeal to the Seventh Circuit.

The Court of Appeals ruled against Humphries and upheld the District Court’s grant of summary judgment in respect to his direct discrimination claim. However, the appellate court ruled in Humphries’ favor and remanded for a trial in respect to his §1981 retaliation claim.

In doing so, the Court of Appeals rejected CBOCS West, Inc.’ argument that §1981 did not encompass a claim of retaliation. The appellate court determined Humphries had sufficient evidence to support his retaliation claim and remanded the case for trial.

CBOCS West, Inc.’ sought certiorari before the United States Supreme Court, asking to consider the issue whether §1981 encompasses retaliation claims.

In affirming the Court of Appeals Ruling, the Supreme Court of the United States hold that 42 U. S. C. §1981 encompasses claims of retaliation.

It held that, where plaintiff claimed that employer had terminated plaintiff because of plaintiff's race and because plaintiff had complained after employer terminated another employee for race-based reasons, plaintiff's retaliation claim was encompassed by 42 U. S. C. Sec. 1981.