Race, Color, and Ethnicity Discrimination Under Section 1981

Section 1981 of the Civil Rights Act of 1866 says "[a]ll persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts . . . as is enjoyed by white citizens." Because of the "white citizens" language, courts have interpreted this law to ban discrimination based on race, color, and ethnicity in contracts. Section 1981 does not cover discrimination based on characteristics such as sex, religion, age, and disability; these are protected by other federal laws such as Title VII, the ADA, and the ADEA. Courts have further interpreted the "make and enforce contracts" language in Section 1981 to cover employment contracts, including at-will employees and independent contractors.

Thus, Section 1981 prohibits your employer from discriminating against you based on your race, color, or ethnicity. Ethnicity refers to your membership in a specific ethnic group, such as Hispanics/Latinos. Another federal law, Title VII of the Civil Rights Act of 1964, likewise prohibits your employer from discriminating against you based on your race, color, or national origin. National origin refers to where you or your ancestors came from, your accent, and/or your ethnicity.

Section 1981 applies to all private sector employers, regardless of how many employees they have. This differs from Title VII, which only applies to private sector employers with 15 or more employees (so some small businesses are exempt).

Thickstun Luo LLC may be able to help you pursue a legal claim in Illinois or Indiana if your employer discriminated against you based on your race, color, or ethnicity in violation of Section 1981. Contact us today for a consultation.

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