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Despite two solid victories for workers in job bias cases in the Roberts Court recently and what some consider “surprising” votes by the two newest justices in those cases, plaintiffs’ and management attorneys hesitate to predict a significant shift away from the U.S. Supreme Court’s generally pro-employer stance of recent years.

But what is significant and evident from the decisions on May 27 is that all but two of the justices now accept that protection from retaliation for making a discrimination claim — even if not mentioned in the text of a statute — is encompassed by the express right in federal civil rights laws to be free from discrimination. CBOCS West v. Humphries, No. 06-1431; Gomez-Perez v. Potter, No. 06-1321.

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