An assistant manager who claimed he was fired because he was black, and for complaining about the firing of another employee because she was black, can sue for retaliation under Sec. 1981 of the Civil Rights Act of 1866, the U.S. Supreme Court rules in a 7-2 decision.

Sec. 1981, referred to as the “equal contract rights” provision, requires that all persons in the U.S. have the right to make and enforce contracts “as is enjoyed by white citizens.” The question before the Court was whether the provision also encompasses retaliation against a person who has complained about another person’s contract-related “right.” Citing its prior decisions in cases related to property ownership, as well as Congressional intent in broadening the protections of the law, the Court majority holds that Sec. 1981 covers a private cause of action against retaliation. It affirms the Seventh Circuit’s ruling in the case sending it back for a trial. CBOCS West Inc. v. Humphries