Statute
Section 1981
75 published works
New York City Law Blog
What type of discrimination lawsuit should I file?
Workers should know that discrimination in the workplace is wrong and unlawful. Employees have rights that protect them from such misconduct, and this includes the right to take legal action…
Texas Employment Lawyer
Section 1981 prohibits race discrimination and retaliation in contracts, including race-based interference in contracts.
Let’s say you have been discriminated against based on your race, but either work for a company with less than 15 employees or are an independent contractor. You know that…
A Lawyer's Blog
HOSTILE WORK ENVIRONMENT CLAIM SURVIVES
The plaintiff in this case has been proceeding pro se.RUBERT v. King, No. 19-CV-2781 (KMK), Dist. Court, SD New York September 24, 2020:"To state a claim of hostile work environment…
PrawfsBlawg
Proving anti-Jewish discrimination
Main Sunday, September 27, 2020Proving anti-Jewish discriminationEugene Volokh unearths a 10-year-old S.D.N.Y. decision in an action alleging co-workers in a government job referred to him as a "dumb Jew" or…
Employment Law Lookout
Title VII, Section 1981, and the Limits of Protected Activity
By Honore N. Hishamunda and Brett C. Bartlett Seyfarth Synopsis: Managing employees engaged in potentially protected activity can be tricky when disciplinary and other normal employment actions might be misconstrued…
ContractsProf Blog
Guest Post by Charles Calleros, Talking about Race in the Contracts Course: Interface with Civil Rights Laws, Part II – Consideration
In my previous post, I outlined the background for 42 U.S.C § 1981, the Reconstruction Era statute providing that “[a]ll persons . . . shall have the right to make…
ContractsProf Blog
Guest Post by Charles Calleros, Talking about Race in the Contracts Course: Interface with Civil Rights Laws, Part I – Mutual Assent
When teaching my Civil Rights course, race is inevitably a central theme. But the role played by an ostensibly neutral set of contract rules in producing racially disparate outcomes can…
PrawfsBlawg
Homestead 42
Main Wednesday, April 15, 2020Homestead 42The fifth (and penultimate) episode of Plot Against America aired last night. It is the first episode where we see the government acting to disadvantage…
Ogletree Deakins Insights
Supreme Court Requires But-For Causation for Section 1981 Claims
By By: Lucy B. Bednarek, Tiaundra M. Foster
On March 23, 2020, the Supreme Court of the United States, in Comcast Corp. v. National Association of African-American Owned Media, ruled that a plaintiff who alleges race discrimination under…
Labor Law Prof Blog
Comcast and Alternate Causation Structures
In Comcast v. National Association of African-American Owned Media the Supreme Court held that a plaintiff is required to establish “but for” cause to prevail on a claim under 42…