42 U.S.C. 1981 is a federal law that prohibits discrimination based on race in the making and enforcement of contracts, including employment contracts. It applies to both public and private sector employers, and it provides protection against discrimination in all aspects of the employment relationship, including hiring, promotion, compensation, and other terms and conditions of employment.
In order to prove a claim of discrimination under 42 U.S.C. 1981, an employee must show that they were treated differently because of their race. This can be difficult to prove, as employers are not required to provide a reason for their employment decisions, and discrimination is often subtle and hard to detect.
There are several ways that an employee can establish discrimination under 42 U.S.C. 1981. These include:
- Direct evidence: This is evidence that shows that the employer’s decision was motivated by discrimination, such as a statement by the employer indicating that the employee was not hired because of their race, ethnicity, or national origin.
- Circumstantial evidence: This is evidence that allows the employee to infer that discrimination was a factor in the employer’s decision, even if the employer did not directly state it. Circumstantial evidence can include patterns of discrimination against members of the employee’s racial, ethnic, or national origin group, or evidence that the employer used a selection criteria that disproportionately affected members of the employee’s group.
If an employee is able to establish discrimination under 42 U.S.C. 1981, they may be entitled to damages, including back pay, front pay, and damages for emotional distress, as well as attorney’s fees and costs.
