Title Vii And Section 1981 In Harris
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FAQ
In fact, the title defines an employee as simply "an individual employed by an employer." Therefore, assuming they work — or are applying to work — for a covered employer as outlined above, Title VII provides discrimination protection for all employees, former employees, and those applying to be employees.
Section 1981, which is codified at 42 U.S.C. 1981, protects the equal right of all persons to make and enforce contracts without respect to race.
Title VII of the Rehabilitation Act of 1973 created the Independent Living Services and Centers for Independent Living programs.
While similar in protecting against unjust discrimination, Section 1981 differs from Title VII of the 1964 Civil Rights Act.
§ 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.
§ 1981a(b)(3)) caps the amount of “compensatory damages awarded … for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses, and the amount of punitive damages” to between $50,000 and $300,000, depending on the size of the employer.