Title Vii And Section 1981 In Hennepin
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FAQ
Courts have interpreted Section 1981 to apply to the employment context, including at-will employment and the independent contractor relationship.
When substantially nonvested property is transferred in connection with the performance of services, the person who performs the services (e.g., an employee or an independent contractor) may file this form. An 83(b) election must be filed no later than 30 days after the date the property was transferred.
Minority employees and independent contractors can use Section 1981 to sue for discrimination and harassment against any company with which they have a contractual relationship. Finally, unlike Title VII, Section 1981 does not limit the amount of damages that can be recovered for harassment or discrimination.
While similar in protecting against unjust discrimination, Section 1981 differs from Title VII of the 1964 Civil Rights Act.
While both statutes prohibit discrimination on the basis of race, Section 1981 contains no damages cap. The most a plaintiff can recover in “non-economic” compensatory and punitive damages in a Title VII is $300,000.00.
It applies to all private employers and labor organizations, but not federal, state, or local government employers. Section 1981 is enforced by individuals, not a federal agency.
Laws such as the Americans with Disabilities Act, the Family Medical Leave Act, the Civil Rights Act of 1964 or ADEA are only applicable to employees, not contract workers or independent contractors.
However, discrimination is a state of mind and, therefore, notoriously hard to prove. Sophisticated employers are well aware that discrimination is illegal. Thus, most cases are established through circumstantial evidence.
Many cases of intentional discrimination are not proven by a single type of evidence. Rather, many different kinds of evidence-direct and circumstantial, statistical and anecdotal-are relevant to the showing of intent and should be assessed on a cumulative basis.
Evidence in a discrimination case in California typically includes: emails, text messages, recordings, disciplinary forms, termination documents, or a copy of your employment contract if one exists. If you're like most Californians, you spend an inordinate amount of time at work.
