Civil Rights Act of 1866
10 July 2006Civil Rights Act of 1866, 42 U.S.C. §1981
Coverage and Prohibition: Enacted to fulfill the purposes of the Thirteenth Amendment’s abolition of slavery, the Act provides that all persons shall have the same right to make and enforce contracts as is enjoyed by white citizens. As amended by the Civil Rights Act of 1991 (see below), Section 1981 prohibits any form of intentional race discrimination in employment, by either private employers or those acting under color of state law, including claims arising out of a failure to hire or promote; a failure to provide equal terms, benefits, and conditions of employment; the imposition of discipline; termination; or racial harassment. All persons, including whites, may bring actions alleging race discrimination pursuant to Section 1981. The Supreme Court has construed the term “race” broadly to cover virtually any ethnic group. Because an intent to discriminate must be shown under Section 1981 “disparate impact” claims, claims alleging a facially neutral policy or practice with discriminatory results, may not be brought under this section.
Enforcement: The aggrieved individual may file suit directly in federal court without first filing a charge with the Equal Employment Opportunity Commission and may request a jury trial.
Remedies: The court may award a full range of remedies including injunctive relief, back pay, reinstatement, and full compensatory and punitive damages. Attorneys’ fees and expert fees also may be awarded.
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