Guam 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
Which of the following is a difference between filing a discrimination case under 42 U.S.C. section 1981 and Title VII of the Civil Rights Act of 1964? Employees cannot file racial discrimination claims under section 1981, whereas under Title VII they can.
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.
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.
Title VII prohibits employment discrimination based on race, color, religion, sex and national origin.
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).
The EEOC is the primary federal agency responsible for enforcing Title VII, which prohibits discrimination based on race, color, national origin, religion, or sex (including pregnancy, sexual orientation, and gender identity).
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.
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.