Justices Say Law Bars Retaliation Over Bias Claims

[appleannie1]

Source: New York Times

WASHINGTON — The Supreme Court on Tuesday ruled that employees are protected from retaliation when they complain about discrimination in the workplace, adopting a broad interpretation of workers’ rights under two federal civil rights laws.

Text: Opinion (Gomez-Perez v. Potter)
Text: Opinion (CBOCS West, Inc. v. Humphries) By decisions of 7 to 2 in one case and 6 to 3 in the other, the court found that the two statutes afford protection from retaliation even though Congress did not explicitly say so.

The decisions are significant both as a practical matter and as evidence of a new tone and direction from the court this year, following a term in which there were sharp divisions and an abrupt conservative turn.

The new rulings were in distinct contrast to one of the signature decisions of the last term, a 5-to-4 decision that placed tight time limits on plaintiffs seeking to file pay-discrimination cases. Justice Samuel A. Alito Jr., who wrote the majority opinion almost exactly a year ago in that case, Ledbetter v. Goodyear Tire and Rubber Company, wrote one of the two majority opinions on Tuesday. Justice Stephen G. Breyer wrote the other.


Read more: http://www.nytimes.com/2008/05/28/washington/28scotus.html?_r=1&th&emc=th&oref=slogin

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[PghTiny]

1. And guess who the dissenters were...

Scalia and Thomas in the 7-2 decision, and Roberts, Scalia, and Thomas in the 6-3 decision. Two-finger Tony and Uncle Slappy at it again!

[appleannie1]

2. Thankfully they got slapped down by the brighter justices.

[Baby Snooks]

3. And this means nothing...

The vast majority of employers will take a chance that EEOC or some other agency will not act on behalf of the employee and the employee will not be able to afford an attorney or find an attorney willing to work either on a contigency basis or pro bono and go ahead and fire the employee for "something else" like being five minutes late from lunch.

What the law says and what the law does are two different things in this country. And most cannot find an attorney willing to work with them to force the law to do what it says.

Happens all the time to tenants around the country when they file complaints against their landlords about health and safety issues. The landlord covers it up and then finds a basis to evict the tenant. Despite the laws in most states protecting tenants when they complain.

[bluebellbaby]

4. You are soo right! Ask anyone who has filed an EEOC complaint

Why does it take over 2 years for them to review any new case? And then, despite any and all facts...they decide whatever they want...it happened to me...very frustrating...

Oh...you have protections under the law...but getting someone to actually enforce them is the true crime...