Q) How is 42 USC Section 1981 law different than the Title VII race discrimination law:

A) Both are federal employment discrimination laws and are quite similar.  Title VII of the Civil Rights Act of 1964 is a federal law that prohibits discrimination on the basis of race, color, religion, national origin, and sex in the workplace. This law applies to employers with 15 or more employees, and it covers all aspects of employment, including hiring, firing, pay, promotion, and job assignments.

42 U.S.C. § 1981 is a federal law that prohibits discrimination on the basis of race in the making and enforcement of contracts. This law applies to all employers, regardless of size, and it covers all types of contracts, including employment contracts.

While both Title VII and 42 U.S.C. § 1981 are federal laws that prohibit race discrimination, there are some key differences between the two. One key difference is that Title VII only applies to employers with 15 or more employees, while 42 U.S.C. § 1981 applies to all employers. Additionally, Title VII covers all aspects of employment, while 42 U.S.C. § 1981 only covers the making and enforcement of contracts. Finally, Title VII allows for the recovery of damages, including compensatory and punitive damages, while 42 U.S.C. § 1981 only allows for the recovery of damages for actual injury suffered as a result of the discrimination.

You usually have 180 days to file a charge (may be extended by state law – please check with our office)  Federal employees have 45 days to contact an EEO Counselor – again, which check with our office so we can help you through this sometimes confusing process.

If you believe that you have experienced race discrimination at work, it is important to understand which laws apply to your situation and what remedies may be available to you. An experienced employment attorney can help you understand your rights and options, and can assist you in taking legal action to address the discrimination.  Call our office today for a free and confidential consultation.