New York 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
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.
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.
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.
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.
§ 1981 must plead and has the ultimate burden of showing that race was a but-for cause of the plaintiff's injury, and that burden remains constant over the life of the lawsuit.
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).
42 U.S.C. § 1983 allows claims against public employers for retaliation towards workers who oppose race discrimination in employment (noting prior intra-circuit split on issue).