"Retaliation": Another Job Security Weapon February 19, 2008
Irvine, CA--The Supreme Court hears oral argument this week in
two cases that will determine whether blacks and over-40 workers
may sue for "retaliation" under federal employment
discrimination laws.  In the case of CBOCS West, Inc. v.
Humphries, a Cracker Barrel restaurant manager was fired for
leaving the store safe open overnight. He sued for retaliation,
alleging he was really being punished for having previously
complained about racial discrimination against a fellow
employee. The Supreme Court will decide whether the Civil Rights
Act of 1866 allows such a retaliation claim. In another case,
Gomez-Perez v. Potter, the issue is whether the Age
Discrimination in Employment Act grants older workers a similar
right to sue.  "Most Americans think discrimination laws simply
stop irrational employers from making decisions based on race,
age, or sex when those factors are irrelevant to performance,"
said Thomas Bowden, an analyst at the Ayn Rand Insti