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Retaliation Claims Under the Civil Rights Laws: Three Cases Reach the Supreme Court

On February 12, ACS hosted a press briefing on three cases currently before the Supreme Court addressing the protections workers receive under the civil rights laws against retaliation by their employers when they complain of discrimination. Two of the cases are scheduled for argument this month. Gomez-Perez v. Potter, to be argued February 19, was brought by a U.S. Postal Service employee who alleges that her supervisors retaliated against her when she complained of age discrimination. CBOCS West v. Humphries, to be argued on February 20, was brought by an African American employee of a Cracker Barrel restaurant who was fired when he complained about his supervisor's racially discriminatory behavior. Crawford v. Metropolitan Gov't of Nashville, not yet scheduled for argument, was brought by an employee of the Nashville government who was fired after cooperating in an internal investigation into complaints by other women in the office about sexual harassment by their supervisor. Civil rights experts discussed the issues presented in these cases, which arise under three different civil rights statutes, and addressed their potential significance.

The panel featured:

  • Eric Dreiband, Partner, Akin Gump Strauss Hauer & Feld LLP
  • Jocelyn Frye, General Counsel, National Partnership for Women & Families
  • Daniel Kohrman, Attorney, AARP Foundation Litigation
  • William L. Taylor, Chair, Citizens' Commission on Civil Rights, and Vice Chairman, Leadership Conference on Civil Rights
  • Moderator, Michael Gottesman, Professor of Law, Georgetown University Law Center
  • Video of the event is available here.