Ted, the white coach of a local high school, has been at the school as a teacher, athletic director, and coach for 25 years. Over the year the neighborhood has changed from predominatly white to predominatly black. When a new principalis appointed, he and Ted do not get along well at all. Ted alleges that the principal took away a good deal of his authority and publicly castigated him for the football team's performance. Ted waits too long to sue under Title VII for race discrimination but hears about section 1981. He wants to sue for race discrimination under section 1981 but thinks he cannot do so because he is white. Is Ted correct? Explain. [Jett v. Dallas IndependendentSchool District, 491 U.S. 701 (1989).]
In brief Title VII is the Civil Rights Act of federal law introduced in 1964. It prohibits employers from discriminating against employees on the basis of sex, race, color, national origin and religion.
Section 1981 states that all persons within United States shall have the same right in every state and territory to make and enforce contracts. It covers discrimination based only on race and ethnicity unlike Title VII which is much broader. It applies to all private employers and protects all employees and applicants.
It was originally intended to protect slaves, but since then courts have consistently interpreted the law to protect people of any race from intentional race discrimination. Thus if the discrimination was intentional based on race, then Ted can sue under section 1981.
Ted, the white coach of a local high school, has been at the school as a...
Patterson v. McLean Credit Union 491 U.S. 164 (1989) A black female alleged racial discrimination in violation of section 1981 in that she was treated differently from white employees and not promoted, on the basis of race. The Court held that section 1981 was not available to address this problem since the case did not involve the making of a contract, but rather its performance. Kennedy, J. *** Patterson, a black female, worked for the McLean Credit Union (MCU) as...
QUESTION 1 Joe is a white male personal trainer at Buff Gym, a health club chain with over 100 employees. Joe was recently suspended from his job for arguing with a client while on the gym floor. Bob is a black male personal trainer at Buff Gym who recently shoved a client while on the gym floor. Bob was not disciplined. In this case: A. Joe has a Title VII racial discrimination claim for disparate treatment. B. Joe does not...