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Statute

Section 1981

75 published works

  1. Labor Law Prof Blog

    Applying Comcast

    By Workplace Prof

    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…

  2. The Contingency

    Commercial Roundup: Appeals for Week of 3-23-20

    By Barry Barnett

    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.…

  3. 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…

  4. Labor Law Prof Blog

    Comcast and McDonnell Douglas

    By Workplace Prof

                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…

  5. Labor Law Prof Blog

    SCOTUS opinion in Comcast

    By Workplace Prof

    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…

  6. PrawfsBlawg

    Jewish-as-race-or-national-origin

    By prawfsblawg@gmail.com

    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…

  7. PrawfsBlawg

    A pleading question

    By prawfsblawg@gmail.com

    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…

  8. PrawfsBlawg

    Pleading yourself out of court and other thoughts on Comcast

    By prawfsblawg@gmail.com

    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…

  9. Supreme Court Update

    Order List

    By Wiggin and Dana

    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…

  10. PrawfsBlawg

    Party control

    By prawfsblawg@gmail.com

    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…