Section 1981 and Section 1983 of the Civil Rights Act

Section 1981 and Section 1983 are two distinct provisions of federal law within the United States that pertain to civil rights. While they both address civil rights issues, they have different purposes and applications. Here are some key differences between the two:

1. Historical Context:
2. Section 1981: Section 1981 is a part of the Civil Rights Act of 1866, which was enacted shortly after the American Civil War to address racial discrimination, particularly against African Americans. It was designed to protect the newly freed slaves from racial discrimination in making and enforcing contracts.
3. Section 1983: Section 1983 is part of the Civil Rights Act of 1871, also known as the Ku Klux Klan Act. It was enacted to provide a federal remedy for violations of civil rights by state and local government officials, particularly in cases where individuals' rights were violated under the color of law.
4. Scope of Protection:
5. Section 1981: Section 1981 primarily addresses racial discrimination in the context of contracts, including employment contracts. It prohibits discrimination based on race or ethnicity in the making and enforcement of contracts.
6. Section 1983: Section 1983 is broader in scope. It allows individuals to bring lawsuits against government officials and entities (state and local) for violations of their constitutional rights, including those protected by the Bill of Rights (e.g., freedom of speech, freedom from unreasonable searches and seizures) and the 14th Amendment's Equal Protection Clause.
7. Parties Involved:
8. Section 1981: Typically, Section 1981 cases involve private parties, such as individuals or private companies, accused of racial discrimination in contracts.
9. Section 1983: Section 1983 lawsuits involve government actors, such as police officers, government agencies, and officials, accused of violating an individual's constitutional rights under color of law.
10. Remedies:
11. Section 1981: Remedies under Section 1981 may include damages for economic losses, emotional distress, and injunctive relief to stop discriminatory practices.
12. Section 1983: Remedies under Section 1983 may include damages, injunctive relief, and attorney's fees. Additionally, individuals can sue government entities for municipal liability under certain circumstances.
13. Statute of Limitations:
14. Section 1981: The statute of limitations for Section 1981 claims is typically four years.
15. Section 1983: The statute of limitations for Section 1983 claims varies depending on the specific constitutional right being asserted and the state where the claim is brought. It can range from one to six years.

In summary, while both Section 1981 and Section 1983 address civil rights issues, they serve different purposes and apply to different sets of circumstances. Section 1981 is primarily concerned with racial discrimination in contracts, whereas Section 1983 provides a remedy for violations of constitutional rights by government actors.

Contact Attorney Ramon Martin of The Justice Law Firm, LLC today for a free consultation to discuss your civil rights case.