When an employee is subject to employment discrimination in the workplace on the basis of race, they may bring a claim under Section 1981 of the Civil Rights Act of 1866 and Title VII of the Civil Rights Act of 1964 depending on the unique circumstances of their case.
In a recent case, a former national big box store employee is suing the employer alleging he was retaliated against and eventually fired for complaining about the conduct of two minority managers. The worker alleges his treatment is a case of reverse racial discrimination after the company adopted DEI policies that implicitly promote racism and encourage the hire, retention and promotion of individuals based on illegal qualifications of race.
Violations of Federal Employment Law
Typically, cases involving workplace discrimination are litigated under the Title VII of the Civil Rights Act of 1964, but in this case, and many other similar cases stemming from DEI policies, the worker has charged his previous employer with violating Section 1981 of the Civil Rights Act of 1866.
Section 1981 of the Civil Rights Act of 1866 ensures that all individuals in the U.S. have the same rights to make and enforce contracts, free from racial discrimination. It specifically protects against intentional racial discrimination in contractual relationships, including employment.
Section 1981 has emerged in recent years to oppose DEI programs on the premise of reverse discrimination. While there is some overlap between the laws, Section 1981 of the Civil Rights Act of 1866 differs from Title VII of the Civil Rights Act of 1964 in several important ways:
- Section 1981 does not cap damages, so the plaintiff and his or her attorney have more negotiating power during settlement proceedings
- Section 1981 is not subject to the U.S. EEOC, so cases may be brought immediately to court
- The statute of limitations is longer, allowing plaintiffs several years to file a lawsuit
- Section 1981 specifically addresses racial discrimination in the making and enforcement of contracts, including employment
- A plaintiff may bring a complaint against small employers and individuals within an organization
One of the key differences between Title VII and Section 1981 lies in the scope of protection. Title VII provides a broad range of protections against various forms of discrimination, including race, color, religion, sex, and national origin. It covers all aspects of employment, such as hiring, firing, promotions, compensation, and other terms and conditions of employment. Additionally, Title VII applies to employers with 15 or more employees, including federal, state, and local governments, as well as private and public sector employers.
Workplace discrimination can invoke both Section 1981 of the Civil Rights Act of 1866 and the Title VII of the Civil Rights Act of 1964. Casting a wider net may have some advantages:
- A dual strategy provides broader coverage. If Title VII fails (e.g. missed EEOC deadline or small employer) Section 1981 has a longer timeline and wider employer reach.
- Often times a case involves disparate impact or non-race discrimination (sex discrimination AND racial discrimination together) therefore a Title VII claim is also appropriate.
- Pairing EEOCs investigative might under Title VII and uncapped damages under section 1981 can exert pressure leading to a more timely and favorable settlement.
It is important to work with an experienced attorney to discuss what state and federal laws apply in a workplace discrimination case.
Contact an Experienced Discrimination Lawyer for Help
When you suffer employment discrimination on the basis of race, color, religion, sex (including gender, pregnancy and sexual orientation), national origin, or disability in the workplace it is important to seek the help of an experienced discrimination lawyer to represent you. Contact the employment discrimination attorneys of Alan C. Olson and Associates for help today.
