a) The plaintiff must allege deprivation of rights caused by racial discrimination (i.e., that the person was deprived of a right which, under similar circumstances, would have been accorded to a person of a different race);
b) The plaintiff must present sufficient evidence to allow the jury to conclude that the defendant’s action was motivated by racial considerations.
c) Proof of disparate impact alone is insufficient.
d) The plaintiff must establish a purposeful intent to discriminate.
Section 1981 prohibits not only racially motivated refusals to contract, but it also prohibits offers to enter into contracts only upon discriminatory terms.
American Bar Association // Section of Labor and Employment Law Equal Employment Opportunity Committee //EEO Law Basics// Spring 2006
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Item 2-D | EEO Law Basics
