Key tips to help prove your employment race discrimination case using either or both Title VII of the 1964 Civil Rights Act and Section 1981. The Title VII and Sections 1981 and 1983 Termination Claims.Colbert also alleges that defendants FSA Store and HealthE Commerce retaliated against him in violation of Title VII, Section 1981, and. Section 1981 grants individuals the right to make and enforce contracts, regardless of race. 42 U.S.C. § 1981; see also Johnson v. 1866 does not cover racial harassment in the course of employment. In April 1987, Wall asked Smith to fill out an EEOC form which was a necessary part of her formal complaint. In a somewhat similar situation (where a plaintiff pleaded only a Section 1981 claim), Lynch v.