Statute
Section 1981
75 published works
Labor Law Prof Blog
Applying Comcast
On March 23, 2020, the Supreme Court announced its opinion in Comcast v. National Association of African-American Owned Media. The Court held that a plaintiff is required to establish “but…
The Contingency
Commercial Roundup: Appeals for Week of 3-23-20
COVID-19 didn’t slow the appellate courts last week, as you can see from the 16 entries below. Be well. Race must "motivate" decision not to make contract under 42 U.S.C.…
Employment Law Watch
Supreme Court confirms race discrimination claims under section 1981 require “but-for” causation
By Jill Vorobiev, John T. McDonald, Amy Harwath
On March 23, 2020, in Comcast Corp. v. National Association of African American Owned Media, the Supreme Court resolved a circuit split on whether discrimination claims brought under section 1981…
Labor Law Prof Blog
Comcast and McDonnell Douglas
In today’s Comcast opinion, the Supreme Court held that plaintiff must prove “but for” cause to prevail on a section 1981 claim. On page 12 of the opinion, the…
Labor Law Prof Blog
SCOTUS opinion in Comcast
The Supreme Court announced its opinion in Comcast today. The Court held that a Section 1981 plaintiff is required to establish “but for” cause to prevail. The Court claimed that…
PrawfsBlawg
Jewish-as-race-or-national-origin
Main Thursday, December 12, 2019Jewish-as-race-or-national-originI have not weighed in on the dispute over the administration's new order on anti-Semitism and Title VI. I do not like the new regs in…
PrawfsBlawg
A pleading question
Main Sunday, November 24, 2019A pleading questionThe Comcast argument from two weeks ago featured competing hypotheticals designed to show proximate cause under § 1981, but instead showed the problem of…
PrawfsBlawg
Pleading yourself out of court and other thoughts on Comcast
Main Sunday, November 17, 2019Pleading yourself out of court and other thoughts on ComcastSome thoughts after listening to arguments in Comcast, where the question was the causation standard ("but-for" or…
Supreme Court Update
Order List
Greetings, Court fans! In today's order list, the Court granted cert in five cases -- we'll summarize them quickly since we expect opinions to be released Tuesday and Wednesday. Domino's…
PrawfsBlawg
Party control
Main Wednesday, April 05, 2017Party controlI have not had a chance to read the en banc Seventh Circuit decision in Hively v. Ivy Tech Comm. College, holding that sexual-orientation discrimination…