1981 Flashcards
Applies to?
42 USC 1981 All public ERs. ----------- Motherly #s LEAD Aging for all of us. ----------- fMla 1981, 1983, 1985 fLsa Epa ADa (pub serv) [emp = 15+] ADEA
What 3 items show the narrow protection of 1981?
42 USC 1981 ----------- Only Intentional Only Race (immediately post-slavery). Only Ks.
What are 3 UNIQUE things about 1981 racial protection?
42 USC 1981
(1) Includes ancestry & ethnic characteristics.
(2) Intentional only.
(3) Only Ks.
What does it seek to allow?
To make & enforce Ks (ex. emplymt), as white citizens.
S/L
4 yrs.
Sue individ?
Yes if under color of law.
but wd have qualified immunity [at least PO wd]
Retaliation claim under 1981?
Yes.
Do you have to prove that belonging to a suspect class is the only reason for the adverse employment action?
But for 81 old alcoholics, we’d retaliate.
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Yes. But for.
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But for being Old, 1981 Disabled Retaliated
State 3 defenses.
42 USC 1981 ----------- Absolutely can't Qualify in 81 b/c you need 83. ----------- Absolute Immunity & Qualified Immunity & Needs 1983. ----------- An alt. to Title 7.
What is the narrow protection provided?
42 USC 1981 ----------- Only Intentional Only Race, ethnic, ancestry (no ntl orig). Only Ks.
Who is exempt from the mandates of 1981?
42 USC 1981 ----------- ~makes sense, it's federal!!!~ ----------- No states. If have a claim vs. state, go under state law.
42 USC 1981
- UNIQUE* about dmgs.
Punitive vs. indiv official BUT he’ll have qualified immunity.
How remember punitive damages are available under 42 USC 1981?
Punis are old timey. 1981 is associated w/ immediate post-slavery. ‘1981’ is the earliest (oldest) # of the civil rt czs.
Who is not covered under 1981?
States.
How do the #s breakdown in the Federal civil rights claims against individuals
Can sue Officials in all 3.
- All, private + under color of law. Race/Intentl/ Ks.
- Public officials only b/c under color of law.
- Yes, all. Conspiracy, race, sex.
