2-A | WHO IS PROTECTED UNDER SECTION 1981?

1) All persons within the jurisdiction of the United States have the same right in every state and territory to make and enforce contracts, to sue, be parties, and give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and are subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.

All jurisdictions that have addressed the employment-at-will issue have held that the employment-at-will relationship is a contract for Section 1981 purposes. The following discussion is limited to situations in which an employer has violated Section 1981 in his/her relations with an employee.

2) Saint Francis College v. Al-Khazraji, 481 U.S. 604 (1987): Racial discrimination prohibited by Section 1981 is any discrimination against identifiable classes of persons who are subjected to intentional discrimination solely because of their ancestry or ethnic characteristics.

3) Hostile environment-racial harassment claims and race-based constructive discharge also may be brought under Section 1981

4) Retaliation claims premised on assertion of rights are also protected by Section 1981

5) A Section 1981 claim CANNOT be based on allegations of national origin, religious discrimination, citizenship status, gender discrimination, disability or age discrimination American Bar Association // Section of Labor and Employment Law
Equal Employment Opportunity Committee // EEO Law Basics // Spring 2006