roderick
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- Aug 10, 2024
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Read the UNC-Harvard decision from last year.You're absolutely right and the most telling thing about the CRA of 1964 cases, including Title VII & Section 1981 which prohibit race based discrimination in employment and contracts, generally the only plaintiffs that make any headway at all are not Black.
Part of the post-Civil War Civil Rights Act of 1866, 42 U.S.C. §1981 was initially passed to provide newly freed slaves and their descendants with the right to make and enforce contracts. Section 1981 guarantees those rights; however, if they are denied, individuals can bring a discrimination claim.Section 1981 of the Civil Rights Act of 1866 (Section 1981)A federal law prohibiting discrimination on the basis of race, color, and ethnicity when making and enforcing contracts. Section 1981 specifically grants all individuals within the US jurisdiction the same rights and benefits as "enjoyed by white citizens" regarding contractual relationships (42 U.S.C. § 1981(a)). Courts have interpreted Section 1981 to apply to the employment context, including at-will employment and the independent contractor relationship. Section 1981 also prohibits retaliation. It does not prohibit discrimination on the basis of any other protected class.
Section 1981 applies to all private employers and labor organizations, but does not apply to discrimination by the US federal government as an employer. It also does not apply to state or local government employers.Section 1981 does not require an individual to exhaust administrative remedies by filing a charge before any government agency and waiting for that charge to be adjudicated or released before proceeding to court.There is no damages cap under Section 1981.
For more information, see Practice Note, Race, Color, and National Origin Discrimination Under Title VII and Section 1981: Section 1981 Overview and Title VII and Section 1981 Comparison Chart.
Civil Rights Act of 1964 - Wikipedia
Title VII of the Civil Rights Act of 1964
Title VII – equal employment opportunity
See also: Bennett Amendment, United States labor law, and Employment discrimination law in the United States
Title VII of the Act, codified as Subchapter VI of Chapter 21 of Title 42 of the United States Code, prohibits discrimination by covered employers on the basis of race, color, religion, sex, or national origin (see 42 U.S.C. § 2000e-2[70]). Title VII applies to and covers an employer "who has fifteen (15) or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year" as written in the Definitions section under 42 U.S.C. §2000e(b). Title VII also prohibits discrimination against an individual because of their association with another individual of a particular race, color, religion, sex, or national origin, such as by an interracial marriage.[71] The EEO Title VII has also been supplemented with legislation prohibiting pregnancy, age, and disability discrimination (see Pregnancy Discrimination Act of 1978, Age Discrimination in Employment Act,[72] Americans with Disabilities Act of 1990).
Civil Rights Act of 1964 - Wikipedia