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'? (Ibid.) The Court concluded that retaliation claims can be brought under section 1981 even though the statute does not explicitly refer to retaliation.
Section 1981 applies only to intentional racial discrimination, while Title VII applies to intentional discrimination and disparate impact discrimination on race, color, national origin, sex, or religion. Title VII also requires an EEOC charge to be filed before bringing their claims in court and has a cap on damages.
§ 1981 must plead and has the ultimate burden of showing that race was a but-for cause of the plaintiff's injury, and that burden remains constant over the life of the lawsuit.
§ 1981 prohibits race discrimination in the making and enforcing of contracts. It prohibits racial discrimination against whites as well as nonwhites.
First: The employee engaged in protected activity. Second: The employer took an adverse employment action against the employee. Third: The employer took against the employee because of the protected activity.
Title VII also makes it unlawful for an employer to take a negative action, or retaliate, against a person because they: Complained about discrimination, whether formally or informally; Filed a charge of discrimination with an agency like the U.S. Equal Employment Opportunity Commission, or.
All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and ...
Model In this case [plaintiff] is alleging that [defendant] [describe alleged disparate treatment] [plaintiff]. ... [plaintiff] must prove that [defendant] intentionally discriminated against [plaintiff]. ... that [plaintiff] must prove that [his/her] race was a motivating factor in [defendant's] decision.