By Thomas E.J. Hazard and Kerri J. Atencio
As you sit here reviewing this article, you do so wearing more than just the hat of producer, marketer, pipeline, distributor, or end-user. First and foremost, you are an employer, and as such, you are required to comply with all of the rules, regulations, and statutes that govern the workplace, including laws prohibiting unlawful discrimination and retaliation against employees. Because most of you are subject to federal workplace laws, you should all be concerned about the ruling in CBOCS West, Inc. v. Humphries, a case handed down by the U.S. Supreme Court on May 27, 2008. In Humphries, the U.S. Supreme Court ruled in a 7-2 decision that employees may pursue retaliation claims under Section 1981 of the Civil Rights Act of 1866. In so ruling, the Supreme Court gave employees a potent weapon to use against employers to prosecute claims based on unlawful retaliation against employees who blow the whistle on race-based discrimination.
