Race-Based Claims Filed Under 42 USC 1981 Offer Advantages.


On May 27, 2008 the Supreme Court issued its opinion in CBOCS West, Inc. v. Humphries, 128 S.Ct. 1951 (2008).  The Court held that plaintiffs may bring claims for race-based retaliation under Section 1981 of the Civil Rights Act of 1866.  Race-based retaliation claims brought under Section 1981 have advantages over similar claims brought under Title VII.

Under Section 1981:

  • Plaintiffs are not required to submit their claims for review by the Equal Employment Opportunity Commission (EEOC).

 

  • Employer are exposed to unlimited damages.

 

  • The statute of limitations can be as long as four years.

 

  • Both employers and individual employees can be named as defendants.

 

  • Employers with fewer than fifteen employees can be held liable for damages.

 

Under Title VII:

  • Plaintiffs must submit their claims for review by the Equal Employment Opportunity Commission (EEOC) and EEOC must issue a “Right to Sue” letter.

 

  • Employers are exposed to a maximum of $300,000 in compensatory and/or punitive damages.

 

  • The statute of limitation for filing a complaint with EEOC is generally 180 days.

 

  • Only employers can be named as defendants.

 

  • Employers with fewer than fifteen employees cannot be held liable for damages.

 

Bryan A. Chapman, Esquire

www.baclaw.com

Advertisements
Published in: on December 31, 2010 at 9:22 pm  Comments (4)  
Tags: , , ,

The URI to TrackBack this entry is: https://baclaw.wordpress.com/2010/12/31/race-based-claims-filed-under-42-usc-1981-offer-advantages/trackback/

RSS feed for comments on this post.

4 CommentsLeave a comment

  1. Does it have to be race related to file under
    42usc1981? I filed Pro Se in Federal Court & the opposing counsel wants to throw my case out. My former attorney lost me my EEOC & ADA statutes. I guess I thought I was born a poor black child?! Lynne 903-818-2500

    • 42 U.S.C. 1981 applies to both black and white employees.

  2. Hi,

    I feel I have a discrimination case, but may have missed the 300 day EEOC window. Could I still sue under 42 USC 1981? I think it’s a four year statue of limitation here in Florida. Thanks for any help you might can provide.

    • Some federal courts have recognized a four year statute of limitations for 42 USC 1981.


Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: