Statute
Section 1981
75 published works
Labor Law Prof Blog
Third Circuit Suggests Gross Won’t Apply to 1981 Claims
Paul Mollica at Meites, Mulder, Mollica & Glink's Daily Developments comes news of an important Third Circuit case on 42 U.S.C. § 1981 and mixed motives.In Brown v. J. Kaz,…
Employment Law Matters
Independent contractor may bring Section 1981 race discrimination claim.
Courts typically have dismissed discrimination claims under Title VII if those claims were made by an independent contractor, rather than by an “employee” of the company. However, 42 U.S.C. §1981…
Labor Law Prof Blog
PING: The Anti-LedbetterURL: http://dsadevil.blogspot.com/2008/08/anti-ledbetter.htmlIP: 72.9.234.70BLOG NAME: The Debate LinkDATE: 08/20/2008 09:56:29 AMMarcia McCormick of Workplace Prof Blogs comments on a case recently handed down by the 9th circuit that she says has “echoes of Ledbetter.” The case, Zolotarev v. City of San Francisco, involves a suit against San Francisco for allegedly giving pref…
Via CCH Workweek comes Lukovsky v. City and County of San Francisco, a public employment discrimination case brought under 42 U.S.C. §§ 1981, 1983, 1985, and 1986. At issue was…
California Employment Law Update
Court Affirms Judgment And Attorney’s Fees Award To Employee Who Suffered Retaliation
By Tony Oncidi
Steele v. Youthful Offender Parole Bd., 162 Cal. App. 4th 1241 (2008) Lisa Steele worked as an office assistant/receptionist for the YOPB. In her spare time, Steele competed in several…
Civil Procedure & Federal Courts Blog
E.D. Pa. Finds Claim Inadequately Pleaded under Twombly
By Civil Procedure & Federal Courts Blog
In George v. American Baptist Churches USA, 2008 WL 226581, the Eastern District of Pennsylvania dismissed Plaintiff’s claim of discriminatory discipline. The only paragraph in the complaint which could possibly…
Employer Law Report
Two Supreme Court Decisions Expand Retaliation Claims
On March 27, 2008, the Supreme Court released two opinions addressing discriminatory retaliation in the workplace. In the pair of opinions, the Court broadened the scope of potential claims for retaliatory…
Med Law Blog
Innovative Application of Section 1981 and Medical Staff By Laws as Contracts
Innovative Application of Section 1981 and Medical Staff By Laws as Contracts Ennix v. Stanton (and Alta Bates Summit Medical Center) significantly broaden the use of 42 U.S.C. §1981 in…
Employment Law Watch
U.S. Supreme Court Holds That Discrimination Law Also Prohibits Retaliation
By Erin Bailey
The U.S. Supreme Court today held that 42 U.S.C. § 1981 (Section 1981), a law enacted just after the Civil War, which prohibits race discrimination in the making and enforcement…
California Employment Law Update
Physician’s Discrimination Claims Were Properly Dismissed
By Tony Oncidi
Johnson v. Riverside Healthcare Sys., 516 F.3d 759 (9th Cir. 2008) Christopher Lynn Johnson alleged he was discriminated against on the basis of his race and sexual orientation and asserted…
Labor Law Prof Blog
Oral Argument Analysis of CBOCS Section 1981 Retaliation Case
Right on the heels of the oral argument of the Gomez-Perez case yesterday (dealing with whether a retaliation action exists for federal employees under the ADEA), the Supreme Court today…