Justices Say Law Bars Retaliation Over Bias Claims

http://www.nytimes.com/2008/05/28/washington/28scotus.html?hp

WASHINGTON — The Supreme Court on Tuesday ruled that employees are protected from retaliation when they complain about discrimination in the workplace, adopting a broad interpretation of workers’ rights under two federal civil rights laws.

By decisions of 7 to 2 in one case and 6 to 3 in the other, the court found that the two statutes afford protection from retaliation even though Congress did not explicitly say so.

The decisions are significant both as a practical matter and as evidence of a new tone and direction from the court this year, following a term in which there were sharp divisions and an abrupt conservative turn.

The new rulings were in distinct contrast to one of the signature decisions of the last term, a 5-to-4 decision that placed tight time limits on plaintiffs seeking to file pay-discrimination cases. Justice Samuel A. Alito Jr., who wrote the majority opinion almost exactly a year ago in that case, Ledbetter v. Goodyear Tire and Rubber Company, wrote one of the two majority opinions on Tuesday. Justice Stephen G. Breyer wrote the other.

One of the cases began as a lawsuit by a clerk for the United States Postal Service in Puerto Rico. The plaintiff, Myrna Gómez-Pérez, 45 at the time, complained that she had been denied a transfer to a different office because of age discrimination. Her lawsuit alleged that as a result of her complaint, she became the target of retaliatory actions by her supervisors.

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Interesting rulings by this particular court.

Scalitomas et al are terrified that a Dem might bring in some energized young justices who will support the Constitution and spoil all their fun.