Title Vii And Section 1981 In Oakland
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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.
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.
To establish a prima facie case of disparate treatment under Title VII, a plaintiff must show “(1) he is a member of a protected class; (2) he was qualified for his position; (3) he experienced an adverse employment action; and (4) similarly situated individuals outside his protected class were treated more favorably.” ...
All persons within the jurisdiction 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, and ...
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.
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.
The employee must first present evidence that he is a member of a protected class, he was qualified for the position he held, he suffered an adverse employment action such as being fired, and that he was replaced with another worker who is not a member of that protected class.
In general, a complaint of employment discrimination must be filed within three years from the date an alleged discriminatory act occurred. You must file a complaint with CRD even if you wish to file a case directly in court.
