Title Vii And Section 1981 In Franklin
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While Congress's principal motivation in enacting § 1981 was to secure equal rights for Black citizens post-slavery, the Supreme Court held in McDonald v. Santa Fe Trail Transportation Company, a case involving a private employer, that the provision permits claims brought by White persons as well.
Also, a Title VII lawsuit must generally be filed within 90 days after the EEOC's Right to Sue Notice is received. Claims asserted under Section 1981 though have a significantly longer statute of limitations for filing a lawsuit. Indeed, an employee may file a Section 1981 within four years of the violation. Jones v.
§ 1981 prohibits race discrimination in the making and enforcing of contracts. It prohibits racial discrimination against whites as well as nonwhites.
§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 he is a member of a racial minority, and that he was discriminated against within a particular group of activities set forth in the statute.
As amended, § 1981 now defines the right to make and enforce contracts to include “the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship.”
§ 1981 (Section 1981) bears the burden of initially pleading and ultimately proving that racial bias was the “but for” cause of the plaintiff's injury.
Also, Title VII applies only to employers with 15 or more employees, whereas Section 1981 imposes no such limitation. Employees cannot be sued under Title VII, but they can be sued under Section 1981.
Also, a Title VII lawsuit must generally be filed within 90 days after the EEOC's Right to Sue Notice is received. Claims asserted under Section 1981 though have a significantly longer statute of limitations for filing a lawsuit. Indeed, an employee may file a Section 1981 within four years of the violation.
While similar in protecting against unjust discrimination, Section 1981 differs from Title VII of the 1964 Civil Rights Act.
