Reps. Conyers and Nadler Welcome CBOCS West v. Humphries Decision

Supreme Court Recognizes Protections for Workers Who Object to Race Discrimination

WASHINGTON, D.C. – House Judiciary Committee Chairman John Conyers, Jr. and Subcommittee on the Constitution, Civil Rights and Civil Liberties Chairman Jerrold Nadler welcomed today’s Supreme Court decision in CBOCS West, Inc. v. Humphries. In that decision, the Court upheld protections against retaliation for workers who raise concerns about race discrimination.

After complaining about race discrimination and being fired, Hedrick Humphries, an African-American associate manager at a Cracker Barrel restaurant, filed a claim of discrimination. The U.S. court of Appeals for the Seventh Circuit ruled for Humphries, holding that Section 1981 of the Civil Rights Act of 1866 protects workers from retaliation. The Supreme Court agreed to review the case. Reps. Conyers and Nadler spearheaded the effort to file a Congressional amicus brief, urging the Court to affirm the Seventh Circuit’s decision. By a 7-2 vote, the Court did so in its opinion today.

"This decision is a victory for civil rights in America. Congress’s promise of equality is toothless if those who seek to enforce it are not protected from retaliation," said Chairman Conyers. "We applaud the Court for refusing to turn its back on well-established protections for individuals who seek an end to race discrimination."

"Today’s decision affirms our nation’s commitment to the meaningful enforcement of our civil rights laws," said Rep. Nadler. "The Court rightly recognized that those who point out racial discrimination must be protected – this is critical to ensuring that violations are reported and remedied. Those facing discrimination must not be afraid to speak out."

On January 3, 2008, Reps. Conyers and Nadler, joined by 61 colleagues in the House of Representatives, filed an amicus brief with the Supreme Court on this case. In their brief, lawmakers urged the Court to give effect to Congress’s decision to allow a cause of action for retaliation under Section 1981, noting that "Without this protection, unlawful race discrimination would go unreported and unremedied, and the core purpose of the statute would be defeated."

A copy of the amicus brief is available at: http://judiciary.house.gov/Media/PDFs/Amicus080103.pdf