Introduction to
Race Discrimination Law
Claims under 42
U.S.C. Section 1981
This federal statute
allows employees who have employment contracts to sue for race discrimination in
employment.
Some courts have required
an employee to have an actual written employment contract before being allowed to sue
under Section 1981. But recently, more courts have
begun holding that an employee at will has an unwritten employment contract for
purposes of Section 1981 -- it just happens to be a contract that can be terminated at
will.
The determination of
whether an employee at will has an employment contract for Section 1981 purposes depends
upon the law of the particular state in which the employee works.
Interaction between Title VII and
Section 1981
Persons who are entitled
to sue under Title VII and under Section 1981 can sue under both statutes. There are some
similarities between the laws, but also some important differences:
Similarity:
The standard of liability under Title VII and Section 1981 is the same. In other words, if
conduct would be considered race discrimination under Title VII, it would also be
considered race discrimination under Section 1981.
Difference:
A Section 1981 claim is filed directly in court -- without first filing an administrative
charge with the EEOC or a state or local agency. Therefore, the time for filing suit
differs. Whereas the time for filing a Title VII lawsuit is within 90 days of receiving a
right-to-sue
letter from the EEOC, the time for filing a Section 1981 lawsuit is based upon a
state statute of limitations law. Each state has a law that determines how long a person
has to file a personal injury action. That is the statute that usually controls how long
one has to file a Section 1981 action. For example, in Tennessee the state statute of
limitations is one year as set forth in Tenn. Code Ann. Section 28-3-104.
Because the statute of limitations is going to vary from state to state,
this is yet another example of why you should consult with an attorney in your community
to understand your legal rights.
Difference:
The amount of compensatory and punitive damages that can be awarded in a Title VII action
is limited based on the size of the employer. But under Section 1981, there is no
cap. Obviously, this difference is extremely important.
Some 42 U.S.C. Section 1981
Cases
In Hawkins
v. PepsiCo, Inc., 203 F.3d 274 (4th Cir. 2000), a 42
U.S.C. Section 1981 race discrimination action, the
court held that the fact that the plaintiff and her
supervisor disagree about her job performance and the
fact that they do not get along is insufficient to make
out a claim of race discrimination.
In Blise v.
Antaramian, 409 F.3d 861 (7th Cir. 2005), a race
discrimination actiona alleging failure to promote, the
court held that the fact that different finalists were
asked different questions and the fact that the decision
was based upon subjective criteria are not evidence of
pretext.
In Maxfield
v. Cintas Corp. No. 2, 427 F.3d 544 (8th Cir. 2005),
a 42 U.S.C. Section 1981 race discrimination action
alleging wrongful termination, the court held that even
if employer's proffered reasons for termination were
false, employee failed to provide any evidence that
discharge was based on race.
