Massachusetts 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.
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.
Generally, intentional discrimination occurs when the recipient acted, at least in part, because of the actual or perceived race, color, or national origin of the alleged victims of discriminatory treatment.
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.
Disparate impact occurs when policies, practices, rules or other systems that appear to be neutral result in a disproportionate impact on a protected group.
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).
You can get compensation for any money you've lost because of the discrimination. This could be the difference in salary if you didn't get a promotion. As a starting point, work out what your losses would be if it takes you a year to find a job which pays the same as the promotion.