Statute
Section 1981
75 published works
Labor Law Prof Blog
Chong on Hollywood’s Blinding Whiteness
Chrissy Shu Jien Chong (San Francisco) has just posted on SSRN her article (21 Asian Pacific American L.J. (2016)) Where are the Asians in Hollywood? Can §1981, Title VII, Colorblind…
Employment & Labor
If At First You Don’t Succeed, Plead, Plead Again…
By Gerald L. Maatman Jr. and Howard M. Wexler In Wynn, et al. v. The New York City Housing Authority 14 Civ. 2818 (S.D.N.Y. July 29, 2015), several employees (who were…
Labor Law Prof Blog
Deferred-Action Immigration Status and Employer Alienage Discrimination
Over a week ago, the President extended “deferred-action” status to millions of people who faced deportation for residing in the US in violation of federal immigration law. (He then defended…
Minnesota Employer
Does 42 U.S.C. § 1981 Protect Non-Minority Witnesses to Discrimination?
Potentially yes – the Eighth Circuit Court of Appeals recently held that a non-minority witness who was interviewed as part of an internal investigation of racial discrimination was protected under…
Education Law Prof Blog
No Qualified Immunity for Principal who Conducted Suspicionless Strip Search of Student
In Doe v. Champaign Community Unit 4 School Dist., No. 11–CV–3355, 2013 WL3712350 (Jul. 12, 2013), a student has sued under §§ 1983 and 1981 allegingthat his Fourth Amendment rights…
HR Law Talk
Cat’s Paw Theory: What Is It? Why Should I Care?
Some recent court rulings have referred to the "cat's paw theory" of liability for discrimination. Employers should be aware of these recent decisions because: Employers can be held liable under…
California Employment Law Update
September 2011 California Employment Law Notes
By Tony Oncidi
We invite you to review our newly posted September 2011 California Employment Law Notes -- a comprehensive review of the latest and most significant developments in California employment law. The highlights include:…
California Employment Law Update
Section 1981 Claim Is Subject to Four-Year Statute of Limitations
By Tony Oncidi
Johnson v. Lucent Techs. Inc., 653 F.3d 1000 (2011) In 2008, Russell H. Johnson, III, an African-American, sued Lucent and the administrator of his disability insurance benefits for retaliation in…
Employment Law Matters
Fifteen minutes may be adequate time to review employment separation agreement.
The 3d U.S. Circuit Court of Appeals has held that 15 minutes was a sufficient amount of time for the plaintiff, a public school teacher, to review a separation agreement…
Employment Law Matters
Section 1981 race discrimination claim cannot survive without a contractual interest as its basis.
Under certain circumstances, 42 U.S.C. §1981 (Section 1981) creates a federal cause of action for individuals claiming intentional racial discrimination. To support such a claim, a plaintiff must allege that…