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Section 1981, 42 U.S.C.

Section 1981, 42 U.S.C. Section 1981.

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Section 1981, 42 U.S.C.

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  1. Section 1981, 42 U.S.C.

  2. Section 1981 “All persons within the jurisdicti8on of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence , and to the full and equal benefit of all laws and proceedings for the security of persons and property …as is enjoyed by white citizens, …”

  3. Section 1981 Relevant History In the Supreme Court • Runyon v. McCray 1976 • McDonald v. Santa Fe Trail 1976 • Saint Francis College v. Al Khazzraji 1987 • Shaare Tefila Congregation 1987 • Patterson v. McLean 1989 (during employment racial harassment) • Amendment to Section 1981 1991

  4. Section 1981 • In Patterson the Supreme Court formally adopted the McDonnell Douglas Burdine litigation Structure for 1981 cases (Book, page 123, note 1) • Section 1981 was amended to include (during employment discrimination)

  5. Section 1981 Section 1981 v. Civil Rights Statutes: • Procedure: • Section 1981 does not have the express procedural provisions as Title VII • Statute of Limitations is longer (sometime K, Sometimes tort) • Remedies: somewhat broader because of no cap. • Coverage: not specifically limited to employment • Also: both statutes (T-7 and 1981) can be invoked in same suit (Johnson v. Railway Express 1975)

  6. Section 1981A Damages under the Civil Rights Statutes!!! • Right to Compensatory and Punitive Damages • Limits under the statute pursuant to a sliding scale

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