delivered the opinion of the Court.
A longstanding civil rights law, first enacted just after the Civil War, provides that “[a]ll persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts ... as is enjoyed by white citizens.” Rev. Stat. § 1977, 42 U. S. C. § 1981(a). The basic question before us is whether the provision encompasses a complaint of retaliation against a person who has complained about a violation of another person’s contract-related “right.” We conclude that it does.
I
The case before us arises out of a claim by respondent, Hedrick G. Humphries, a former assistant manager of a Cracker Barrel restaurant, that CBOCS West, Inc. (Cracker Barrel’s owner), dismissed him (1) because of racial bias (Humphries is a black man) and (2) because he had complained to managers that a fellow assistant manager had dismissed another black employee, Venus Green, for race-based reasons. Humphries timely filed a charge with the Equal Employment Opportunity Commission (EEOC), pursuant to 42 U. S. C. § 2000e-5, and received a “right to sue” letter. He then filed a complaint in Federal District Court charging that CBOCS’ actions violated both Title VII of the Civil Rights Act of 1964, 78 Stat. 253, as amended, 42 U. S. C. § 2000e et seq., and the older “equal contract rights” provision here at issue, §1981. The District Court dismissed Humphries’ Title VII claims for failure to pay necessary filing fees on a timely basis. It then granted CBOCS’ motion for summary judgment on Humphries’ two § 1981 claims. Humphries appealed.
The U. S. Court of Appeals for the Seventh Circuit ruled against Humphries and upheld the District Court’s grant of summary judgment in respect to his direct discrimination claim. But it ruled in Humphries’ favor and remanded for a
*446
trial in respect to his § 1981 retaliation claim. In doing so, the Court of Appeals rejected CBOCS’ argument that § 1981 did not encompass a claim of retaliation.
II
The question before us is whether § 1981 encompasses retaliation claims. We conclude that it does. And because our conclusion rests in significant part upon principles of stare decisis, we begin by examining the pertinent interpretive history.
A
The Court first considered a comparable question in 1969, in
Sullivan
v.
Little Hunting Park, Inc.,
Paul E. Sullivan, a white man, had rented his house to T. R. Freeman, Jr., a black man. He had also assigned Freeman a membership share in a corporation, which permitted the owner to use a private park that the corporation controlled. Because of Freeman’s race, the corporation, Little Hunting Park, Inc., refused to approve the share assignment. And, when Sullivan protested, the association expelled Sullivan and took away his membership shares.
Sullivan sued Little Hunting Park, claiming that its actions violated §1982. The Court upheld Sullivan’s claim.
*447
It found that the corporation’s refusal “to approve the assignment of the membership share ... was clearly an interference with Freeman’s [the black lessee’s] right to ‘lease.’”
While the
Sullivan
decision interpreted § 1982, our precedents have long construed §§1981 and 1982 similarly. In
Runyon
v.
McCrary,
As indicated in
Runyon,
the Court has construed §§ 1981 and 1982 alike because it has recognized the sister statutes’ common language, origin, and purposes. Like § 1981, § 1982 traces its origin to §1 of the Civil Rights Act of 1866, 14 Stat. 27. See
General Building Contractors Assn., Inc.
v.
Pennsylvania,
In light of these precedents, it is not surprising that following
Sullivan,
federal appeals courts concluded, on the basis of
Sullivan
or its reasoning, that § 1981 encompassed retaliation claims. See,
e. g., Choudhury
v.
Polytechnic Inst, of N. Y,
*449
In 1989, 20 years after
Sullivan,
this Court in
Patterson
v.
McLean Credit Union,
Since victims of an employer’s retaliation will often have opposed discriminatory conduct taking place
after
the formation of the employment contract,
Patterson’s
holding, for a brief time, seems in practice to have foreclosed retaliation claims. With one exception, we have found no federal court of appeals decision between the time we decided
Patterson
and 1991 that permitted a § 1981 retaliation claim to proceed. See,
e. g., Walker
v.
South Central Bell Tel. Co.,
In 1991, however, Congress weighed in on the matter. Congress passed the Civil Rights Act of 1991,105 Stat. 1071, with the design to supersede
Patterson. Jones
v.
R. R. Donnelley & Sons Co.,
“ ‘Make and enforce contracts’ defined
“For purposes of this section, the term ‘make and enforce contracts’ includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship.”
An accompanying Senate Report pointed out that the amendment superseded Patterson by adding a new subsection (b) that would “reaffirm that the right ‘to make and enforce contracts’ includes the enjoyment of all benefits, privileges, terms and conditions of the contractual relationship.” S. Rep. No. 101-315, p. 6 (1990). Among other things, it would “ensure that Americans may not be harassed, fired or otherwise discriminated against in contracts because of their race.” Ibid, (emphasis added). An accompanying House Report said that in “cutting back the scope of the rights to ‘make’ and ‘enforce’ contracts[,] Patterson . .. has been interpreted to eliminate retaliation claims that the courts had previously recognized under section 1981.” H. R. Rep. No. 102-40, pt. 1, pp. 92-93, n. 92 (1991). It added that the protections that subsection (b) provided, in “the context of employment discrimination ... would include, but not be limited to, claims of harassment, discharge, demotion, promotion, transfer, retaliation, and hiring.” Id., at 92 *451 (emphasis added). It also said that the new law “would restore rights to sue for such retaliatory conduct.” Id., at 93, n. 92.
After enactment
of
the new law, the Federal Courts of Appeals again reached a broad consensus that §1981, as amended, encompasses retaliation claims. See,
e.g., Hawkins
v.
1115 Legal Serv. Care,
The upshot is this: (1) In 1969, Sullivan, as interpreted by Jackson, recognized that § 1982 encompasses a retaliation action; (2) this Court has long interpreted §§ 1981 and 1982 alike; (3) in 1989, Patterson, without mention of retaliation, narrowed § 1981 by excluding from its scope conduct, namely, post-contract-formation conduct, where retaliation would most likely be found; but in 1991, Congress enacted legislation that superseded Patterson and explicitly defined the scope of §1981 to include post-contract-formation conduct; and (4) since 1991, the lower courts have uniformly interpreted § 1981 as encompassing retaliation actions.
C
Sullivan,
as interpreted and relied upon by
Jackson,
as well as the long line of related cases where we construe §§ 1981 and 1982 similarly, lead us to conclude that the view that § 1981 encompasses retaliation claims is indeed well embedded in the law. That being so, considerations of
stare decisis
strongly support our adherence to that view. And those considerations impose a considerable burden upon those who would seek a different interpretation that would
*452
necessarily unsettle many Court precedents. See,
e. g., Welch
v.
Texas Dept. of Highways and Public Transp.,
Ill
In our view, CBOCS’ several arguments, taken separately or together, cannot justify a departure from what we have just described as the well-embedded interpretation of § 1981. First, CBOCS points to the plain text of § 1981 — a text that says that “[a]ll persons ... shall have the same right... to make and enforce contracts ... as is enjoyed by white citizens.” 42 U. S. C. § 1981(a) (emphasis added). CBOCS adds that, insofar as Humphries complains of retaliation, he is complaining of a retaliatory action that the employer would have taken against him whether he was black or white, and there is no way to construe this text to cover that kind of deprivation. Thus the text’s language, CBOCS concludes, simply “does not provide for a cause of action based on retaliation.” Brief for Petitioner 8.
We agree with CBOCS that the statute’s language does not expressly refer to the claim of an individual (black or white) who suffers retaliation because he has tried to help a different individual, suffering direct racial discrimination, secure his § 1981 rights. But that fact alone is not sufficient to carry the day. After all, this Court has long held that the statutory text of § 1981’s sister statute, § 1982, provides protection from retaliation for reasons related to the enforcement of the express statutory right. See supra, at 447.
Moreover, the Court has recently read another broadly worded civil rights statute, namely, Title IX of the Education Amendments of 1972, 86 Stat. 373, as amended, 20 U. S. C. §1681
et seq.,
as including an antiretaliation remedy. In
*453
2005 in
Jackson,
the Court considered whether statutory language prohibiting “discrimination [on the basis of sex] under any education program or activity receiving Federal financial assistance,” § 1681(a), encompassed claims of retaliation for complaints about sex discrimination.
Regardless, the linguistic argument that CBOCS makes was apparent at the time the Court decided
Sullivan.
See
Second, CBOCS argues that Congress, in 1991 when it reenacted §1981 with amendments, intended the reenacted statute not to cover retaliation. CBOCS rests this conclu *454 sion primarily upon the fact that Congress did not include an explicit antiretaliation provision or the word “retaliation” in the new statutory language — although Congress has included explicit antiretaliation language in other civil rights statutes. See, e. g., National Labor Relations Act, 29 U. S. C. § 158(a)(4); Fair Labor Standards Act of 1938, 29 U. S. C. § 215(a)(3); Title VII of the Civil Rights Act of 1964, 42 U. S. C. § 2000e-3(a); Age Discrimination in Employment Act of 1967, 29 U. S. C. § 623(d); Americans with Disabilities Act of 1990, 42 U. S. C. §§ 12203(a)-(b); Family and Medical Leave Act of 1993, 29 U. S. C. §2615.
We believe, however, that the circumstances to which CBOCS points find a far more plausible explanation in the fact that, given Sullivan and the new statutory language nullifying Patterson, there was no need for Congress to include explicit language about retaliation. After all, the 1991 amendments themselves make clear that Congress intended to supersede the result in Patterson and embrace pre- Patterson law. And pre-Patterson law included Sullivan. See Part II, supra. Nothing in the statute’s text or in the surrounding circumstances suggests any congressional effort to supersede Sullivan or the interpretation that courts have subsequently given that case. To the contrary, the amendments’ history indicates that Congress intended to restore that interpretation. See, e. g., H. R. Rep. No. 102-40, at 92 (noting that § 1981(b) in the “context of employment discrimination ... would include ... claims of... retaliation”).
Third, CBOCS points out that §1981, if applied to employment-related retaliation actions, would overlap with Title VII. It adds that Title VII requires that those who invoke its remedial powers satisfy certain procedural and administrative requirements that §1981 does not contain. See, e. g., 42 U. S. C. § 2000e-5(e)(l) (charge of discrimination must be brought before EEOC within 180 days of the discriminatory act); §2000e-5(f)(l) (suit must be filed within 90 days of obtaining an EEOC right-to-sue letter). And *455 CBOCS says that permitting a §1981 retaliation action would allow a retaliation plaintiff to circumvent Title VII’s “specific administrative and procedural mechanisms,” thereby undermining their effectiveness. Brief for Petitioner 25.
This argument, however, proves too much. Precisely the same kind of Title VII/§ 1981 “overlap” and potential circumvention exists in respect to employment-related direct discrimination. Yet Congress explicitly created the overlap in respect to direct employment discrimination. Nor is it obvious how we can interpret §1981 to avoid employment-related overlap without eviscerating §1981 in respect to %o%-employment contracts where no such overlap exists.
Regardless, we have previously acknowledged a “necessary overlap” between Title VII and § 1981.
Patterson,
Fourth, CBOCS says it finds support for its position in two of our recent cases,
Burlington N. & S. F. R. Co.
v.
White, 548
U. S. 53 (2006), and
Domino’s Pizza, Inc.
v.
McDonald,
The dissent argues that the distinction made in
Burlington
is meaningful here because it purportedly “underscores the fact that status-based discrimination and conduct-based retaliation are distinct harms that call for tailored legislative treatment. ”
Post,
at 462. The Court’s construction of a general ban on discrimination such as that contained in § 1981 to cover retaliation claims, the dissent continues, would somehow render the separate antiretaliation provisions in other statutes “superfluous.”
Ibid.
But the Court in
Burlington
did not find that Title VII’s antiretaliation provision was redundant; it found that the provision had a broader reach than the statute’s substantive provision. And in any case, we have held that “legislative enactments in this area have long evinced a general intent to accord parallel or overlapping remedies against discrimination.”
Alexander, supra,
at 47. See
Great American Fed. Sav. & Loan Assn.
v.
Novotny,
CBOCS highlights the second case,
Domino’s Pizza,
along with
Patterson,
and cites
Cort
v.
Ash,
IV
We conclude that considerations of stare decisis strongly support our adherence to Sullivan and the long line of related cases where we interpret §§1981 and 1982 similarly. CBOCS’ arguments do not convince us to the contrary. We consequently hold that 42 U. S. C. § 1981 encompasses claims of retaliation. The judgment of the Court of Appeals is affirmed.
It is so ordered.
Justice Thomas, with whom Justice Scalia joins, dissenting.
The Court holds that the private right of action it has implied under Rev. Stat. § 1977, 42 U. S. C. § 1981, encompasses claims of retaliation. Because the Court’s holding has no *458 basis in the text of § 1981 and is not justified by principles of stare decisis, I respectfully dissent.
I
It is unexceptional in our case law that “ ‘[statutory construction must begin with the language employed by Congress and the assumption that the ordinary meaning of that language accurately expresses the legislative purpose.’”
Engine Mfrs. Assn.
v.
South Coast Air Quality Management Dist.,
“All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.”
Section 1981(a) thus guarantees “[a]ll persons ... the same right... to make and enforce contracts ... as is enjoyed by white citizens.” It is difficult to see where one finds a cause of action for retaliation in this language. On its face, § 1981(a) is a straightforward ban on racial discrimination in the making and enforcement of contracts. Not surprisingly, that is how the Court has always construed it. See,
e. g., Domino’s Pizza, Inc.
v.
McDonald,
Respondent nonetheless contends that “[t]he terms of section 1981 are significantly different, and broader, than a simple prohibition against discrimination.” Brief for Respondent 15. It is true that § 1981(a), which was enacted shortly after the Civil War, does not use the modern statutory formulation prohibiting “discrimination on the basis of race.” But that is the clear import of its terms. Contrary to respondent’s contention, nothing in § 1981 evinces a “concer[n] with protecting individuals 'based on what they do,’ ” as opposed to “ ‘preventing] injury to individuals based on who they are.’ ”
Ibid,
(quoting
Burlington N. & S. F. R. Co.
v.
White,
*460
Retaliation is not discrimination based on race. When an individual is subjected to reprisal because he has complained about racial discrimination, the injury he suffers is not on account of his
race;
rather, it is the result of his
conduct.
The Court recognized this commonsense distinction just two years ago in
Burlington
when it explained that Title VII’s antidiscrimination provision “seeks to prevent injury to individuals based on who they are,
i. e.,
their status,” whereas its “antiretaliation provision seeks to prevent harm to individuals based on what they do,
i. e.,
their conduct.”
The Court apparently believes that the status/conduct distinction is not relevant here because this case, unlike
Burlington,
does not require us to determine whether § 1981’s supposed prohibition on retaliation “sweep[s] more broadly” than its antidiscrimination prohibition.
Ante,
at 456. That is nonsense. Although, as the Court notes, we used the status/conduct distinction in
Burlington
to explain why Title VII’s antiretaliation provision must sweep more broadly than its antidiscrimination provision in order to achieve its purpose,
Of course, this is not the first time I have made these points. Three Terms ago in
Jackson
v.
Birmingham Bd. of Ed.,
Likewise here, the race-based topic of the complaint cannot overcome the fact that the retaliation is not based on anyone’s race. To hold otherwise would be to ignore the fact that “protection from retaliation is separate from direct protection of the primary right [against discrimination] and serves as a prophylactic measure to guard the primary *463 right.” Id., at 189; see also Burlington, swpra, at 63 (explaining that Title VII’s “antidiscrimination provision seeks a workplace where individuals are not discriminated against because of their racial, ethnic, religious, or gender-based status,” whereas its “antiretaliation provision seeks to secure that primary objective by preventing an employer from interfering (through retaliation) with an employee’s efforts to secure or advance enforcement of the Act’s basic guarantees”). In other words, “[t]o describe retaliation as discrimination on the basis of [race] is to conflate the enforcement mechanism with the right itself, something for which the statute’s text provides no warrant.” Jackson, supra, at 189 (Thomas, J., dissenting).
Notably, the Court does not repeat
Jackson’s
textual analysis in this case, perhaps because no amount of repetition could make it any more plausible today than it was three years ago. Instead, the Court acknowledges that “the statute’s language does not expressly refer to the claim of an individual (black or white) who suffers retaliation.”
Ante,
at 452. The Court concludes, however, that the statute’s failure expressly to provide a cause of action for retaliation “is not sufficient to carry the day,”
ibid.,
despite our usual rule that “affirmative evidence of congressional intent must be provided for an implied remedy,... for without such intent the essential predicate for implication of a private remedy simply does not exist,”
Alexander
v.
Sandoval,
Section 1981’s silence regarding retaliation is not dispositive, the Court says, because “it is too late in the day” to resort to “a linguistic argument” that was supposedly rejected in Sullivan v. Little Hunting Park, Inc., 396 U. S. *464 229 (1969). Ante, at 453. As I explain below, the Court’s reliance on Sullivan is entirely misplaced. But it also bears emphasis that the Court does not even purport to identify any basis in the statutory text for the “well-embedded interpretation of § 1981,” ante, at 452, it adopts for the first time today. Unlike the Court, I find the statute’s text dispositive. Because §1981 by its terms prohibits only discrimination based on race, and because retaliation is not discrimination based on race, § 1981 does not provide an implied cause of action for retaliation.
II
Unable to justify its holding as a matter of statutory interpretation, the Court today retreats behind the figleaf of ersatz stare decisis. The Court’s invocation of stare decisis appears to rest on three considerations: (1) Sullivan’s purported recognition of a cause of action for retaliation under § 1982; (2) Jackson’s (re)interpretation of Sullivan; and (3) the Courts of Appeals’ view that § 1981 provides a cause of action for retaliation. None of these considerations, separately or together, justifies implying a cause of action that Congress did not include in the statute. And none can conceal the irony in the Court’s novel use of stare decisis to decide a question of first impression.
I turn first to
Sullivan,
as it bears most of the weight in the Court’s analysis. As I explained in my dissent in
Jackson, Sullivan
did not “hol[d] that a general prohibition against discrimination permitted a claim of retaliation,” but rather “that a white lessor had standing to assert the right of a black lessee to be free from racial discrimination.”
Having reexamined Sullivan, I remain convinced that it was a third-party standing case. Sullivan did not argue that his expulsion from the corporation — as opposed to the corporation’s refusal to approve the assignment — violated § 1982. Instead, he argued that his expulsion was “contrary to public policy” because it was the “direct result of his having dealt with Freeman, as the statute requires, on a nondiscriminatory basis.” Brief for Petitioners in Sullivan v. Little Hunting Park, Inc., O. T. 1969, No. 33, p. 32. Sullivan further contended not that his own rights under § 1982 had been violated, but that he “ha[d] standing to rely on the rights of the Negro, Freeman,” since he was best situated to vindicate those rights. 3 Id., at 33; see also Pet. for Cert. in Sullivan, p. 17, n. 13 (“Although the statute declares the rights of Negroes not to be discriminated against, Sullivan, a Caucasian, has standing to rely on the invasion of the rights of others, since he is the only effective adversary capable of vindicating them in litigation arising from his expulsion” (internal quotation marks omitted)). Similarly, the United States, appearing as amicus curiae in support of Sullivan, argued that because “the private action involved in refusing to honor the assignment was itself illegal,” “relief should be *466 available to all persons injured by it, or as a consequence of their efforts to resist it.” Brief for United States in Sullivan, p. 34.
Thus, both Sullivan and the United States argued that Sullivan had standing to seek relief for injuries he suffered as a result of the corporation’s violation of Freeman’s rights — not that Sullivan’s own rights under § 1982 were violated. And that is the best interpretation of what the Court subsequently held. Tracking the parties’ arguments, the Court first concluded that the corporation’s “refus[al] to approve the assignment of the membership share . . . was clearly an interference with Freeman’s right to ‘lease’ ” under § 1982.
Of course, Sullivan is not a model of clarity, and Justice Harlan, writing in dissent, was correct to criticize the “undiscriminating manner” in which the Court dealt with Sullivan’s claims. Id., at 251. Sullivan had sought relief both for the corporation’s refusal to approve the assignment and for his expulsion. Id., at 253. But in stating that Sullivan had standing to maintain “this action,” id., at 237 (majority opinion), the Court did not specify what relief Sullivan was entitled to pursue on remand. Lamenting the Court’s “failure to provide any guidance as to the legal standards that should govern Sullivan’s right to recovery on remand,” id., at 252 (dissenting opinion), Justice Harlan provided an instructive summary of the ambiguities in the Court’s opinion:
“One can imagine a variety of standards, each based on different legal conclusions as to the ‘rights’ and ‘du *467 ties’ created by § 1982, and each having very different remedial consequences. For example, does § 1982 give Sullivan a right to relief only for injuries resulting from Little Hunting Park’s interference with his statutory duty to Freeman under § 1982? If so, what is Sullivan’s duty to Freeman under § 1982? Unless § 1982 is read to impose a duty on Sullivan to protest Freeman’s exclusion, he would be entitled to reinstatement under this standard only if the Board had expelled him for the simple act of assigning his share to Freeman.
“As an alternative, Sullivan might be thought to be entitled to relief from those injuries that flowed from the Board’s violation of its ‘duty’ to Freeman under § 1982. Such a standard might suggest that Sullivan is entitled to damages that resulted from Little Hunting Park’s initial refusal to accept the assignment to Freeman but again not to reinstatement. Or does the Court think that § 1982 gives Sullivan a right to relief from injuries that result from his ‘legitimate’ protest aimed at convincing the Board to accept Freeman?” Id., at 254-255.
It is noteworthy that of the three possible standards Justice Harlan outlined, the first two clearly depend on a showing that Freeman’s §1982 rights were violated. Only the third — “Or does the Court think that § 1982 gives Sullivan a right to relief from injuries that result from his ‘legitimate’ protest” — resembles a traditional retaliation claim and, in context, even it is probably best read to presuppose that Sullivan was protesting an actual violation of Freeman’s rights. Id., at 255. Which, if any, of these standards the Court had in mind is anybody’s guess. It did not say.
I thus adhere to my view that Sullivan is best read as a third-party standing case. That is how the parties argued the case, and that is the most natural reading of the Court’s opinion. But even if Sullivan could fairly be read as having inferred a freestanding cause of action for retaliation — which I doubt it can, at least not without superimposing an anach *468 ronistic outlook on a Court that was not as familiar with retaliation claims as we are today — the Court’s one-paragraph discussion of the issue was, at best, both cursory and ambiguous. This is hardly the stuff of which stare decisis is made.
Steadfastly refusing to acknowledge any ambiguity, the Court asserts that it is “not surprising that following
Sullivan,
federal appeals courts concluded, on the basis of
Sullivan
or its reasoning, that §1981 encompassed retaliation claims.”
Ante,
at 448. But given
Sullivan’s
use of the word “standing” and its reliance on a third-party standing case, what is unsurprising is that each of the cases the Court cites either characterized the issue as one of standing,
Winston
v.
Lear-Siegler, Inc.,
Moreover, even if Sullivan had squarely and unambiguously'held that § 1982 provides an implied cause of action for *469 retaliation, it would have been wrong to do so because § 1982, like § 1981, prohibits only discrimination based on race, and retaliation is not discrimination based on race. 4 The question, then, would be whether to extend Sullivan’s erroneous interpretation of § 1982 to § 1981. The Court treats this as a foregone conclusion because “our precedents have long construed §§ 1981 and 1982 similarly.” Ante, at 447. But erroneous precedents need not be extended to their logical end, even when dealing with related provisions that normally would be interpreted in lockstep. 5 Otherwise, stare decisis, *470 designed to be a principle of stability and repose, would become a vehicle of change whereby an error in one area metastasizes into others, thereby distorting the law. Two wrongs do not make a right, and an aesthetic preference for symmetry should not prevent us from recognizing the true meaning of an Act of Congress.
The Court’s remaining reasons for invoking
stare decisis
require little discussion. First, the Court relies on the fact that
Jackson
interpreted
Sullivan
as having recognized a cause of action for retaliation under § 1982. See
ante,
at 447, 452-453. That is true but irrelevant. It was only through loose language and creative use of brackets that
Jackson
was able to assert that
Sullivan
“upheld Sullivan’s cause of action under 42 U. S. C. § 1982 for '[retaliation] for the advocacy of [the black person’s] cause.’”
Second, the Court appears to give weight to the fact that, since Congress passed the Civil Rights Act of 1991,105 Stat. 1071, “the lower courts have uniformly interpreted §1981 as encompassing retaliation actions.”
Ante,
at 451. This rationale fares no better than the others. The Court has never suggested that rejection of a view uniformly held by the courts of appeals violates some principle of
stare decisis.
To the contrary, we have not hesitated to take a different view if convinced the lower courts were wrong. Indeed, it has become something of a dissenter’s tactic to point out that the Court has decided a question differently than every court of appeals to have considered it. See,
e. g., McConnell
v.
Federal Election Comm’n,
*472
Of course, lower court decisions may be persuasive, and when the Court rejects the unanimous position of the courts of appeals, it is fair to point out that fact. But the point has traction only to the extent it tends to show that the Court’s reasoning is flawed on the merits, as demonstrated by the number of judges who have reached the opposite conclusion. See,
e. g., Buckhannon, supra,
at 643-644 (Ginsburg, J., dissenting) (“When this Court rejects the considered judgment prevailing in the Circuits, respect for our colleagues demands a cogent explanation”). Unlike decisions of this Court, decisions of the courts of appeals, even when unanimous, do not carry
stare decisis
weight, nor do they relieve us of our obligation independently to decide the merits of the question presented. That is why, when we have affirmed a view unanimously held by the courts of appeals, we have done so (at least until today) not because we gave precedential weight to the lower courts’ decisions, but because we agreed with their resolution of the question on the merits. See,
e. g., Gonzalez
v.
Crosby,
Ill
As in
Jackson,
“[t]he question before us is only whether [§1981] prohibits retaliation, not whether prohibiting it is good policy.”
Notes
The United States, appearing as amicus curiae in support of respondent, contends that § 1981 prohibits not only racial discrimination, but also any other kind of “discrimination” that “impair[s]” the rights guaranteed by § 1981(a). Brief for United States 17. In support of this argument, the United States points to § 1981(c), which provides that “[t]he rights protected by this section are protected against impairment by nongovern *460 mental discrimination and impairment under color of State law.” Thus, the argument goes, retaliation is prohibited because it is discrimination (differential treatment for those who complain) and it impairs the right granted in § 1981(a) to be free from racial discrimination in the making and enforcement of contracts (by penalizing assertion of that right).
Although I commend the United States for at least attempting to ground its position in the statutory text, its argument is unconvincing. Section 1981(c) simply codifies the Court’s holding in
Runyon
v.
McCrary,
Of course, if an employer had a
different
retaliation policy for blacks and whites — firing black employees who complain of race discrimination but not firing similarly situated white employees — a black employee who was fired for complaining of race discrimination would have a promising §1981 claim. But his claim would not sound in retaliation; rather, it would be a straightforward claim of racial discrimination. In his briefs before this Court, respondent attempts to shoehorn his claim into this category, asserting that petitioner “retaliated against [him] because he was a black worker who exercised his right” to lodge a grievance under petitioner’s open-door policy. Brief for Respondent 27; see also
id.,
at 33 (“[S]eetion 1981 forbids an employer from having one dismissal policy for blacks who complain about race discrimination, and another for whites who complain about such discrimination”). But respondent cites no record evidence to support his assertion that petitioner treated him differently than it would have treated a similarly situated white complainant. And while the Court of Appeals found that respondent had established a prima facie case of retaliation,
In contrast to his argument based on § 1982, which he consistently tied to the violation of Freeman's rights, Sullivan also argued that his own First Amendment rights were violated:
“Since Sullivan’s expulsion was in retaliation for his having obeyed the dictate of the law the expulsion was against public policy, and he should be reinstated. For the law to sanction punishment of a person such as Sullivan for refusing to discriminate against Negroes would be to render nugatory the rights guaranteed to Negroes by 42 U. S. C. §§ 1981,1982----Furthermore, by giving sanction to Sullivan’s expulsion, the state court deprived Sullivan of his rights, guaranteed by the First Amendment to criticize the conduct of the association’s directors.” Brief for Petitioners in Sullivan, p. 14 (emphasis added).
The majority claims that
Sullivan
“did not embrace” this “linguistic argument.”
Ante,
at 453. That is because the argument was not before the Court. The corporation did not argue that § 1982’s text could not reasonably be construed to create a cause of action for retaliation; nor did Justice Harlan in dissent. No one made this argument because that was not how the issue was framed, either by Sullivan or by the Court. The majority suggests that the argument was “apparent at the time the Court decided
Sullivan.” Ibid.
But the only evidence it cites is Justice Harlan’s observation that the Court’s holding in
Jones
v.
Alfred H. Mayer Co.,
For example, we have refused to extend the holding of
J. I. Case Co.
v.
Borak,
“The argument goes that, because
Sullivan
ignored the language of § 1982 and drafted an ‘improved’ version of the statute, we are free to do the same today for § 1981, its neighbor. The Supreme Court requires us to proceed otherwise.
Borak
dealt with § 14(a) of the Securities Exchange Act of 1934,15 U. S. C. § 78n(a). It was as freewheeling in ‘interpreting’
*470
that law as
Sullivan
was with § 1982. Yet the Court has held that the change of interpretive method announced in
Cort
applies to all other sections of the Securities Exchange Act. See
Piper v. Chris-Craft Industries, Inc.,
