What are some differences between Section 1981 lawsuits and Title VII lawsuits?

Section 1981 lawsuits and Title VII lawsuits both address employment discrimination, but there are several key differences between them, including the type of discrimination covered, procedural requirements, and available remedies. Here’s a breakdown of the main distinctions:



1. Protected Classes

• Section 1981 (42 U.S.C. § 1981):
• Prohibits discrimination based on race or ethnicity in the making and enforcement of contracts, which includes employment relationships.
• It does not explicitly cover other protected characteristics like gender, religion, or age.
• Title VII of the Civil Rights Act of 1964:
• Prohibits employment discrimination on the basis of race, color, religion, sex (including gender identity and sexual orientation), and national origin.
• It covers a broader range of protected classes than Section 1981.

2. Application to Employers

• Section 1981:
• Applies to all employers, regardless of size, as well as individuals and entities in the private and public sectors.
• Title VII:
• Only applies to employers with 15 or more employees. Smaller employers are exempt from Title VII.

3. Procedural Requirements

• Section 1981:
• No requirement to file a claim with the Equal Employment Opportunity Commission (EEOC) before going to court.
• A plaintiff can file a lawsuit directly in federal or state court without going through any administrative process.
• Title VII:
• Requires a plaintiff to first file a charge with the EEOC (or a state equivalent agency) before filing a lawsuit.
• The EEOC must issue a right-to-sue letter before a lawsuit can be filed in court.

4. Statute of Limitations

• Section 1981:
• The statute of limitations for claims is generally four years for most employment discrimination claims under the statute.
• Title VII:
• The timeline to file a charge with the EEOC is typically 180 days (extended to 300 days if the charge is also covered by state or local anti-discrimination laws).

5. Remedies and Damages

• Section 1981:
• Allows for unlimited compensatory and punitive damages in cases of intentional discrimination.
• Attorney’s fees are available, but no caps on damages.
• Title VII:
• Damages for discrimination claims are capped depending on the size of the employer (from $50,000 to $300,000).
• Provides for back pay, reinstatement, compensatory damages, and punitive damages, but with caps on compensatory and punitive damages.
• Attorney’s fees are available, and equitable remedies like injunctive relief are also available.

6. Scope of Coverage

• Section 1981:
• Focuses on racial and ethnic discrimination in contractual relationships, which includes but is not limited to employment relationships.
• Applies to both the public and private sectors, including discrimination by private individuals and businesses.
• Title VII:
• Limited to employment discrimination and applies only to employment relationships.
• Applies to both public and private employers, but it only addresses the employment relationship, not general contract rights.

7. Retaliation Claims

• Section 1981:
• Protects against retaliation for opposing racial discrimination or participating in legal proceedings related to such discrimination.
• Title VII:
• Provides broader protection against retaliation for opposing any form of discrimination protected under Title VII (race, color, sex, religion, national origin).

8. Burden of Proof

• Both statutes place the burden of proof on the plaintiff to show that discrimination occurred, but the specifics of burden-shifting frameworks may vary depending on the case.

In summary, while both Section 1981 and Title VII address employment discrimination, Section 1981 focuses exclusively on race and ethnicity, applies to all employers, and allows for more extensive damages, whereas Title VII covers a wider range of protected classes, has more procedural hurdles, and limits damages depending on the employer's size. Contact The Justice Law Firm, LLC today for a FREE consultation.