Arizona Jury Instruction - 1.3.1 Civil Rights Act 42 USC Sect.1981 Race Discrimination In Employment Discharge - Failure To Promote General Instruction
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FAQ
Donnelley & Sons Co., 541 U.S. 369 (2004), the U.S. Supreme Court held that § 1981 claims are governed by the federal ?catch-all? four-year statute of limitations.
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. 42 U.S.C. § 1981a(b).
Section 1981 applies only to intentional racial discrimination, while Title VII applies to intentional discrimination and disparate impact discrimination on race, color, national origin, sex, or religion.
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 ...
42 U.S.C. § 1981 prohibits race discrimination in the making and enforcing of contracts. 16 It prohibits racial discrimination against whites as well as nonwhites.
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. 42 U.S.C. § 1981a(b).
Section 1981 is a shorthand reference to 42 U.S.C. § 1981, which derives from Section 1 of the 1866 Civil Rights Act. The statute establishes that certain rights are to be guaranteed to all citizens of the United States, and these rights are to be protected against impairment by nongovernment and state discrimination.
Also, Title VII applies only to employers with 11 15 or more employees, whereas Section 1981 imposes no such limitation. Employees cannot be sued 12 under Title VII, but they can be sued under Section 1981.