CIVIL RIGHTS ACT OF 1866 (42 U.S.C. 1981) Flashcards
What does Section 1981 prohibit?
Race discrimination in the making and enforcement of contracts.
T/F: Section 1981 only covers race discrimination claims.
True.
T/F: a plaintiff can bring a disparate impact claim under Section 1981.
False. Can only bring an intentional/disparate treatment claim.
What is the statute of limitations for a Section 1981 claim?
Up to four years after the alleged violation.
What administrative agency must a plaintiff file a charge before filing a lawsuit for a Section 1981 violation?
None. Can go directly to court.
What is the damages cap for a Section 1981 claim?
None.
What does a plaintiff have to prove to prevail on a Section 1981 claim?
It would not have suffered the loss of a legally protected right “but for” race (i.e., race was the sole cause of the adverse action).
Does Section 1981 prohibit discrimination against non-whites?
Yes. See McDonald v. Santa Fe Trail Transp. Co., 427 U.S. 273, 295 (1976) (Section 1981 was intended to “proscribe discrimination in the making or enforcement of contracts against, or in favor of, any race”).
Can a person other than an employer be sued under Section 1981?
Yes. (persons other than employers can be sued under Section 1981. See, e.g., Faush
v. Tuesday Morning, Inc., 808 F.3d 208, 220 (3d Cir. 2015) (noting that independent contractors
can bring claims under Section 1981).
Can employees be sued under Section 1981?
Yes. (Employees cannot be sued under Title VII, but they can be sued under Section 1981.)
What are the elements of a Section 1981 claim?
To establish a claim under §1981, a plaintiff must show that: (1) she belongs to a racial minority; (2) the defendants in-tended to discriminate on the basis of race; and (3) the discrimination concerned one or more of the activities enumerated in the statute. Pryor v. Nat’l Collegiate Athletic Ass’n, 288 F.3d 548, 569 (3d Cir. 2002).
Does the McDonnell Douglas burden shifting framework apply to Section 1981 claims?
Yes. The burden-shifting framework ap-plies to Section 1981 claims. Anderson v. Wachovia Mortg. Corp., 621 F.3d 261, 2010 U.S. App. LEXIS 19071 (3d Cir. 2010)
What damages are available under Section 1981?
A prevailing plaintiff may collect compen-satory and punitive damages. Unlike Ti-tle VII, there is no damages cap.
Does Section 1981 apply to all stages of employment?
Yes. In 1991, it was made clear by Congress that § 1981’s prohibitions are not limited to the hiring stage but rather apply to a broad range of employment decisions, including denial of promotion, demotion, and termination. See Civil Rights Act of 1991, Pub. L. No. 102-166, § 101, 105 Stat. 1071 (1991).
Does proof that a defendant violated Title VII also prove that the defendant violated Section 1981?
Yes. Because disparate treatment cases under Title VII of the Civil Rights Act of 1964 and § 1981 cases both require proof of intentional discrimination, courts have generally held that intentional employer conduct that violates one of these statutes also violates the other statute. See Schurr v. Resorts Int’l Hotel, Inc., 196 F.3d 486 (3d Cir. 1999) (the court’s conclusion that the employer’s affirma-tive action plan was invalid under Title VII, and thus not a valid defense to the plaintiff’s Title VII discrimination claim, dictated the same conclusion with respect to the plaintiff’s § 1981 claim).
