U.S. Supreme Court,
Civil Litigation,
Civil Rights
Dec. 11, 2019
‘But-for’ causation shouldn’t be required under right-to-contract statute
The U.S. Supreme Court is weighing whether claims of race discrimination under 42 U.S.C. Section 1981 fail in the absence of but-for causation.
Tamarah P. Prevost
Senior Associate
Cotchett, Pitre & McCarthy LLP
Email: tprevost@cpmlegal.com
Tamarah practices employment law, representing victims of racial discrimination, sexual harassment, and other civil rights abuses. She also maintains an active class action practice in antitrust and consumer rights litigation.
Eric J. Buescher
Georgetown Univ Law Ctr; Washington DC
Eric works on fraud cases, representing whistleblowers and employees in false claims cases. He also works on financial elder abuse, mass tort actions, and water and land use litigation, advocating for public rights to use and access open spaces.
Originally included as part of the Civil Rights Act of 1866, enacted to protect newly freed slaves in their business pursuits, 42 U.S.C. Section 1981 guarantees everyone the "same right" to contract "as is enjoyed by white citizens." This includes all "benefits, privileges, terms, and conditions" of making and enforcing contracts. The law protects employees, separately from Title VII of the 1964 Civil Rights Act, as well as anyone who suffers discrimination on the ...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In