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

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