Civil Rights Act of 1866 -- Section 1981

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    Most everyone knows that Title VII of the Civil Rights Act of 1964 prohibits discrimination in employment based on an individual's race, color, religion, sex, or national origin. Title VII also prohibits retaliation against an employee because he has opposed any practice made unlawful by the Act or has made a charge, testified, assisted, or...

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    A former employee's lawsuit recently survived a motion to dismiss because the employer's positive statements about her during interviews called into question its reasons for firing her. Alleged discrimination In February 2011, Valarie Coates applied for a senior management position at Cooper Health System (CHS). After interviewing her three...
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    For a number of years, going back at least to the 1960s, the conventional wisdom about the U.S. 4th Circuit Court of Appeals (whose rulings apply to South Carolina employers) was that its decisions in employment cases tended to be mostly conservative and favor employers, according to some observers. Despite its "business- friendly" reputation,...
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    An employer failed to take its own internal grievance and investigation procedures seriously. A terminated employee used the employer's lapse as evidence of retaliation. Facts Tony Sayger, a Caucasian man, started working for Riceland Foods as a maintenance worker in 1999. In 2009, while working in the warehousing, packaging, and shipping (WPS...
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    The U.S. 8th Circuit Court of Appeals (whose rulings apply to Arkansas employers) recently held that a Caucasian employee could bring claim against his employer for a supervisor's derogatory remarks about African-American coworkers. Facts Tony Sayger, a Caucasian male, was hired in 1999 as a maintenance worker in the Riceland Foods rice...
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    On December 6, 2013, a federal judge in Chicago approved a class action settlement in which the brokerage firm of Merrill, Lynch, Pierce, Fenner & Smith agreed to pay $160 million to more than 1,400 African-American investment advisers. A law professor stated in his declaration supporting the settlement's fairness, "This is not just a very...
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    Two nonminority employees filed multiple grievances over derogatory racial comments about African Americans made by their supervisor. The employer investigated, and although it found some evidence of derogatory racial remarks, it ultimately concluded the employees' grievances were without merit. Both employees were subsequently terminated with the...
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    The U.S. 8th Circuit Court of Appeals (whose rulings apply to all Arkansas employers) recently held that an employee's race discrimination complaint 45 minutes before she was terminated didn't form the basis of the employer's decision to fire her. Facts In November 2007, Janice Wright, an African-American woman, began working for a hospital...
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    The federal district court in Kansas recently allowed a rejected applicant to proceed with her retaliation claim against an HR management company even though she never worked for the company. The unsuccessful applicant claimed the HR company influenced a client's decision not to hire her because she had filed a race discrimination claim against...
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    In a recent decision, the U.S. District Court for the District of Maryland affirmed the notion that discrimination on the basis of race and discrimination based on national origin are distinct legal claims. Moreover, because 42 USC § 1981 only prohibits discrimination based on race, a claim alleging national origin discrimination...
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