Title Vii And Section 1981 In Tarrant
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FAQ
Does Title VII apply to all employers? Title VII applies to private-sector employers with 15 or more employees, to state and local government employers with 15 or more employees, and to the federal government as an employer. Title VII also applies to unions and employment agencies.
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.
Title VII is enforced by the Equal Employment Opportunity Commission. Most employees and job applicants are protected by Title VII, but independent contractors are not.
While similar in protecting against unjust discrimination, Section 1981 differs from Title VII of the 1964 Civil Rights Act.
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.
An individual engages in protected activity when they: (1) oppose a practice they consider to be discriminatory; (2) participate in an employment discrimination proceeding; or (3) engage in other protected EEO activity.
Section 1981 protection against discrimination in actions taken by the federal government, but also by the state governments and private individuals.
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 ...
§ 1981 prohibits race discrimination in the making and enforcing of contracts. It prohibits racial discrimination against whites as well as nonwhites. See McDonald v. Santa Fe Trail Transp.
§ 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.
