Section 1981 Employment Discrimination Claims

Summary

This practice note examines the application of 42 U.S.C. § 1981, which prohibits racial discrimination in the making and enforcement of contracts, including employment contracts. Employees can bring discrimination, harassment, and retaliation claims under section 1981, and this practice note explores the scope of section 1981’s protection against discrimination as well as the damages available to prevailing plaintiffs and potential defenses.