Statute
Section 1981
74 published works
Lathrop GPM
Fifth Circuit Affirms Dismissal of Section 1981 Claim Challenging Franchisor’s Christian-Only Franchisee Policy
By Lathrop GPM
The U.S. Court of Appeals for the Fifth Circuit affirmed summary judgment in favor of a franchisor in a dispute brought by a prospective franchisee who alleged that he was…
Lathrop GPM
Wisconsin Federal Court Allows Customer Racial Discrimination Claim to Proceed Against Franchisor
By Lathrop GPM
A federal court in Wisconsin denied a motion to dismiss a restaurant patron’s racial discrimination claim against the Applebee’s franchisor entities: Applebee’s Franchisor LLC, Applebee’s Restaurants LLC, and Dine Brands…
Religion Clause
5th Circuit: Section 1981 Does Not Bar Purely Religious Discrimination Against Jews
In Domanic v. Christian Brothers Automative Corporation, (5th Cir., Sept. 30, 2026), the U.S. 5th Circuit Court of Appeals held that a Texas religion-based franchisor of auto-repair stores did not violate…
ContractsProf Blog
Fair Housing Act and Discrimination Claims Against Rocket Mortgage
I like a good § 1981 case. You don't get that many of them. Francesa Cheroutes, who is Black, owns a duplex in Denver, Colorado. In May, 2020, she got…
Labor & Employment Insights
The Investigation’s The Thing: Courts Examine Steps Taken by Employers
Four recent decisions by federal courts show just how much weight an employer’s investigation can hold in litigation, for better or worse. Investigation quality does not operate on a simple…
Paul W. Mollica Federal Courts Blog
Eleventh Circuit Holds That It Is Not an Abuse of Discretion for District Court to Retain Supplemental Jurisdiction Over Some, But Not All, State-Law Claims After Plaintiff Abandons the Federal-Law Claims
In Mueller v. Walmart Corp., No. 23-12854 (11th Cir. Sept. 16, 2026), the Eleventh Circuit rejects a per se rule that a district court abuses its discretion by retaining supplemental…
The Employer Handbook Blog
When a Discrimination Complaint Comes Wrapped in Profanity, Can HR Discipline the Employee?
Workplace profanity was business as usual, right up until it accompanied a complaint about racism. TL;DR: An employee used repeated profanity while complaining to his supervisor about alleged race discrimination.…
The Employer Handbook Blog
A $10+ Million Verdict Against SHRM. A Second Fight Over Who Pays It.
Last year, a jury hit the Society for Human Resource Management (SHRM), the professional association many HR practitioners look to for certifications and guidance, with a $10 million punitive damages…
The Employer Handbook Blog
One DEI Training Wasn’t Enough to Create a Hostile Work Environment. Four Complaints Weren’t Enough Either.
The bar for a hostile work environment claim is “extremely high.” A White correctional officer just found out how high. TL;DR: The Tenth Circuit affirmed the dismissal with prejudice of…
ContractsProf Blog
Second Circuit Denies Motion to Compel Arbitration of Class Claims Relating to Race Discrimination by the NFL
Three current and former NFL football coaches and sued six teams and the NFL (collectively the Defendants) for racial discrimination in violation of 42 U.S.C. § 1981. Brian Flores, a…