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Section 1981 Claims & How They Differ From Title VII Claims, from the 2013 Annual Convention
Published by National Employment Lawyers Association

What is the difference between Title VII of the Civil Rights Act and 42 U.S.C. 1981? Most of us think the answer to this question is damages caps and that we can allege a §1981 claim for race discrimination. But, what is “race” under §1981? What is the difference between a race claim under §1981 and a national origin or race claim under Title VII, and does it matter? The answer is an emphatic “yes”! Our veteran practitioners bring you up to speed on the distinctions between these two statutes so you will know which one to plead, what limitations and differences there are, and what remedies are available. There are many possibilities with each claim, but the key is to know the difference between the two and when it matters.

Heather Moore Collins
Heather Moore Collins practices in Nashville, Tennessee where she started the Collins Law Firm, which concentrates on the representation of employees in employment litigation. Ms. Collins is a member and Board member of the Tennessee Employment...More
Bill Lann Lee
Bill Lann Lee is a shareholder in the firm of Lewis, Feinberg, Lee, Renaker & Jackson, P.C., Oakland, California, where he specializes in prosecuting employment discrimination class actions and civil rights class actions. Mr. Lee was the nation’s...More
Geraldine Sumter
Geraldine Sumter has been practicing employment discrimination law since 1983 with the Charlotte, North Carolina firm of Ferguson, Stein, Chambers, Adkins, Gresham & Sumter, P.A. Eighty percent of her work is devoted to the area of employment...More
Originally Published
June 26, 2013

Program Titles and Supporting Materials
This program contains the following components:
  1. Section 1981 Claims & How They Differ From Title VII Claims - Audio
  2. Section 1981 Claims & How They Differ From Title VII Claims - Paper

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