As currently interpreted, what does Section 1981 prohibit employers from doing?
There are five types of actions that Section 1981 of the Civil Rights Act prohibits: discrimination based on color and race, discrimination based on citizenship and alien status, retaliation, harassment, and association discrimination. A Dallas racial discrimination attorney will be able to let you know if any behavior you have experienced counts as one of these types of discrimination.
Have there been any additions to the Civil Rights Act?
There was a Civil Rights Act that passed in 1991. It further clarified the term “to make and enforce contracts” from the 1866 text, stating that it includes the “making, performance, modification and termination of contracts, and the benefits, privileges, terms and conditions of the contractual relationship.” Additionally, it added prohibitions on discrimination based on alienage and citizenship. Statutes about discrimination have also been added at the state level in some states; a qualified Dallas discrimination lawyer will know what applies in Texas.
What categories count as race under Section 1981?
Section 1981 has been broadly construed by the United States Supreme Court to include protections not only for African-Americans, Asian-Americans, and Caucasians (categories that fit under traditional views of race), but also for others called “racial groups.” According to the lower courts, Indians, Hispanics, and Mexicans may maintain Section 1981 claims for racial discrimination.
What protections does Section 1981 provide for those filing a claim or opposing dicrimination?
Section 1981 prohibits retaliation against those who file a statutory or administrative race discrimination claim or who oppose race discrimination. This means that if you file a harassment claim or contact a Dallas racial discrimination attorney about your case, your employer cannot fire or otherwise punish you for doing so.
What constitutes harassment on the basis of race or color under Section 1981?
Harassment at the workplace creates a hostile work environment. As with Title VII, if you wish to make a hostile work environment claim, you will have to prove certain certain facts. A Dallas race discrimination attorney can help you to prove that you were subjected to physical or verbal conduct due to your race, that the aforementioned conduct was not welcome, and that the conduct was severe or pervasive enough that it changed the conditions of your employment and created an abusive work environment.
What is association discrimination?
Not only does Section 1981 prohibit discrimination based on color or race, but it also prevents you from being discriminated against based on the race and color of someone with whom you associate or on whose behalf you have advocated.
If I prevail in my Section 1981 claim, what remedies are available?
In the case of a successful Section 1981 claim, you are entitled to equitable (injunctive and declatory) relief, actual damages (back pay, front pay, and other compensation), punitive damages, and the fees and costs associated with the help of a Dallas racial discrimination attorney.
How do I know if I have a claim that qualifies under Section 1981 as discrimination? An experienced Dallas race discrimination attorney will be able to tell you, based on your circumstances, if your claim falls under Section 1981 or not. If you believe you’ve been subject to racial discrimination in the workplace, do not hesitate to contact our law office today for a free initial consultation.