SUPREME COURT HOLDS RETALIATION CLAIMS VALID UNDER ADEA AND SECTION 1981

     The Supreme Court today held that a worker can pursue a claim of retaliation based upon age discrimnation in Gomez-Perez v. Potter.  In a 6 - 3 decision with Justice Alito writing for the majority (Justices Roberts, Scalia, and Thomas dissenting), the Court held that the Age Discrimination in Employment Act protects against retaliation, even though the specific language of the ADEA does not discuss or forbid retaliation.

     In CBOCS West v. Humphries, Justice Breyer wrote for the 7 - 2 majority (Justices Scalia and Thomas dissenting) that Section 1981 can be used to support a retaliation claim by a worker claiming retaliation based upon race discrimination, again; even though Section 1981 does not address retaliation.

     Thanks to the ABA Journal Daily Newsletter whose article contains links to the opinions of both cases and which can be found at http://www.abajournal.com/news/supreme_court_rules_for_workers_in_two_retaliation_cases/.