Michael W. Hawkins, partner in the law firm of Dinsmore & Shohl, argued CBOCS West Inc. v. Humphries, Case No. 06-1431, before the United States Supreme Court on Wednesday, February 20, 2008. Both the United States Chamber of Commerce and the Equal Employment Advisory Council filed Amicus Briefs in support of CBOCS. The sole issue in this case, and one of great importance for employers, is whether an employee can bring a retaliation claim against an employer under 42 U.S.C. § 1981 because he was allegedly retaliated against for filing a complaint of racial discrimination. In this case, the Plaintiff was actually terminated for violation of company policy after he left the Company's safe unlocked overnight. In addition to this case, the United States Supreme Court will be deciding two other cases involving the issue of employee retaliation claims this year.
“This is an important case for employers because a ruling in favor of CBOCS will strengthen the statutes of limitations and damages caps under Title VII for retaliation claims. Like all retaliation cases, it also highlights important lessons to be learned by employers when dealing with employees who have made internal or external complaints of discrimination in the workplace," said Mr. Hawkins.
"Accurate documentation of the specific events leading to termination can become very important for an employer to demonstrate that retaliation was not the reason for termination."
Mr. Hawkins is a graduate of the University of Kentucky College of Law. He previously argued and won Kentucky River Community Care vs. NLRB before the United States Supreme Court in 2002 on behalf of the employer. He is a member of the College of Labor & Employment Lawyers and has been recognized as one of the best Labor & Employment lawyers by Best Lawyers each year since 1992.