Title 42 — The Public Health and Welfare — § 1981. Equal rights under the law
Summary
Pages 5232-5233 of Title 42, The Public Health and Welfare, print § 1981, Equal rights under the law, with its notes and the start of § 1981a. Section 1981(a) gives all persons within the jurisdiction of the United States the same right in every State and Territory to make and enforce contracts, sue, give evidence and enjoy the full and equal benefit of the laws as is enjoyed by white citizens. Subsections (b) and (c), added by the Civil Rights Act of 1991, define "make and enforce contracts" and protect these rights against nongovernmental discrimination and impairment under color of State law. The notes reproduce the 1991 Act's findings, including that the Supreme Court's decision in Wards Cove Packing Co. v. Atonio weakened federal civil rights protections. Section 1981a allows compensatory and punitive damages for intentional employment discrimination.
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§ 1981 TITLE 42—THE PUBLIC HEALTH AND WELFARE Page 5232
Sec. Sec.
2000d–7. Civil rights remedies equalization. 2000h–4. Construction of provisions not to ex-
SUBCHAPTER VI—EQUAL EMPLOYMENT clude operation of State laws and not
OPPORTUNITIES to invalidate consistent State laws.
2000h–5. Authorization of appropriations.
2000e. Definitions. 2000h–6. Separability.
2000e–1. Exemption.
2000e–2. Unlawful employment practices. SUBCHAPTER I—GENERALLY
2000e–3. Other unlawful employment practices.
2000e–4. Equal Employment Opportunity Com-
§ 1981. Equal rights under the law
mission.
2000e–5. Enforcement provisions. (a) Statement of equal rights
2000e–6. Civil actions by the Attorney General.
2000e–7. Effect on State laws. All persons within the jurisdiction of the
2000e–8. Investigations. United States shall have the same right in every
2000e–9. Conduct of hearings and investigations State and Territory to make and enforce con-
pursuant to section 161 of title 29. tracts, to sue, be parties, give evidence, and to
2000e–10. Posting of notices; penalties.
2000e–11. Veterans’ special rights or preference. the full and equal benefit of all laws and pro-
2000e–12. Regulations; conformity of regulations ceedings for the security of persons and property
with administrative procedure provi- as is enjoyed by white citizens, and shall be sub-
sions; reliance on interpretations and ject to like punishment, pains, penalties, taxes,
instructions of Commission. licenses, and exactions of every kind, and to no
2000e–13. Application to personnel of Commission other.
of sections 111 and 1114 of title 18; pun-
ishment for violation of section 1114 of (b) ‘‘Make and enforce contracts’’ defined
title 18. For purposes of this section, the term ‘‘make
2000e–14. Equal Employment Opportunity Coordi-
nating Council; establishment; com- and enforce contracts’’ includes the making,
position; duties; report to President performance, modification, and termination of
and Congress. contracts, and the enjoyment of all benefits,
2000e–15. Presidential conferences; acquaintance privileges, terms, and conditions of the contrac-
of leadership with provisions for em- tual relationship.
ployment rights and obligations; plans
for fair administration; membership. (c) Protection against impairment
2000e–16. Employment by Federal Government. The rights protected by this section are pro-
2000e–16a. Short title; purpose; definition. tected against impairment by nongovernmental
2000e–16b. Discriminatory practices prohibited.
2000e–16c. Coverage of previously exempt State em- discrimination and impairment under color of
ployees. State law.
2000e–17. Procedure for denial, withholding, termi- (R.S. § 1977; Pub. L. 102–166, title I, § 101, Nov. 21,
nation, or suspension of Government
contract subsequent to acceptance by
1991, 105 Stat. 1071.)
Government of affirmative action plan
of employer; time of acceptance of Editorial Notes
plan.
CODIFICATION
SUBCHAPTER VII—REGISTRATION AND VOTING
STATISTICS R.S. § 1977 derived from act May 31, 1870, ch. 114, § 16,
16 Stat. 144.
2000f. Survey for compilation of registration Section was formerly classified to section 41 of Title
and voting statistics; geographical 8, Aliens and Nationality.
areas; scope; application of census pro-
visions; voluntary disclosure; advising AMENDMENTS
of right not to furnish information.
1991—Pub. L. 102–166 designated existing provisions as
SUBCHAPTER VIII—COMMUNITY RELATIONS subsec. (a) and added subsecs. (b) and (c).
SERVICE
2000g. Establishment of Service; Director of Statutory Notes and Related Subsidiaries
Service: appointment, term; personnel.
2000g–1. Functions of Service. EFFECTIVE DATE OF 1991 AMENDMENT
2000g–2. Cooperation with other agencies; concil- Pub. L. 102–166, title IV, § 402, Nov. 21, 1991, 105 Stat.
iation assistance in confidence and 1099, provided that:
without publicity; information as con- ‘‘(a) IN GENERAL.—Except as otherwise specifically
fidential; restriction on performance of provided, this Act [see Short Title of 1991 Amendment
investigative or prosecuting functions; note below] and the amendments made by this Act
violations and penalties. shall take effect upon enactment [Nov. 21, 1991].
2000g–3. Reports to Congress. ‘‘(b) CERTAIN DISPARATE IMPACT CASES.—Notwith-
SUBCHAPTER IX—MISCELLANEOUS PROVISIONS standing any other provision of this Act, nothing in
2000h. Criminal contempt proceedings: trial by this Act shall apply to any disparate impact case for
jury, criminal practice, penalties, ex- which a complaint was filed before March 1, 1975, and
ceptions, intent; civil contempt pro- for which an initial decision was rendered after October
ceedings. 30, 1983.’’
2000h–1. Double jeopardy; specific crimes and SHORT TITLE OF 1991 AMENDMENT
criminal contempts.
2000h–2. Intervention by Attorney General; denial Pub. L. 102–166, § 1, Nov. 21, 1991, 105 Stat. 1071, pro-
of equal protection on account of race, vided that: ‘‘This Act [enacting section 1981a of this
color, religion, sex or national origin. title and sections 60l and 1201 to 1224 of Title 2, The
2000h–3. Construction of provisions not to affect Congress, amending this section and sections 1988,
authority of Attorney General, etc., to 2000e, 2000e–1, 2000e–2, 2000e–4, 2000e–5, 2000e–16, 12111,
institute or intervene in actions or 12112, and 12209 of this title, and section 626 of Title 29,
proceedings. Labor, and enacting provisions set out as notes under
Page 5233 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1981a
this section and sections 2000e and 2000e–4 of this title, ALTERNATIVE MEANS OF DISPUTE RESOLUTION
and section 1a–5 of Title 16, Conservation] may be cited
Pub. L. 102–166, title I, § 118, Nov. 21, 1991, 105 Stat.
as the ‘Civil Rights Act of 1991’.’’
1081, provided that: ‘‘Where appropriate and to the ex-
SHORT TITLE OF 1976 AMENDMENT tent authorized by law, the use of alternative means of
dispute resolution, including settlement negotiations,
Pub. L. 94–559, which amended section 1988 of this conciliation, facilitation, mediation, factfinding,
title, is known as ‘‘The Civil Rights Attorney’s Fees minitrials, and arbitration, is encouraged to resolve
Awards Act of 1976’’, see note set out under section 1988 disputes arising under the Acts or provisions of Federal
of this title. law amended by this title [enacting section 1981a of
this title and amending this section, sections 1988,
SEVERABILITY
2000e, 2000e–1, 2000e–2, 2000e–4, 2000e–5, 2000e–16, 12111,
Pub. L. 102–166, title IV, § 401, Nov. 21, 1991, 105 Stat. and 12112 of this title, and section 626 of Title 29,
1099, provided that: ‘‘If any provision of this Act [see Labor].’’
Short Title of 1991 Amendment note above], or an
amendment made by this Act, or the application of
such provision to any person or circumstances is held Executive Documents
to be invalid, the remainder of this Act and the amend-
ments made by this Act, and the application of such EXECUTIVE ORDER NO. 13050
provision to other persons and circumstances, shall not Ex. Ord. No. 13050, June 13, 1997, 62 F.R. 32987, which
be affected.’’ established the President’s Advisory Board on Race,
was revoked by Ex. Ord. No. 13138, § 3(e), Sept. 30, 1999,
CONGRESSIONAL FINDINGS 64 F.R. 53880, formerly set out as a note under section
Pub. L. 102–166, § 2, Nov. 21, 1991, 105 Stat. 1071, pro- 14 of the Appendix to Title 5, Government Organization
vided that: ‘‘The Congress finds that— and Employees.
‘‘(1) additional remedies under Federal law are
needed to deter unlawful harassment and intentional § 1981a. Damages in cases of intentional discrimi-
discrimination in the workplace; nation in employment
‘‘(2) the decision of the Supreme Court in Wards
Cove Packing Co. v. Atonio, 490 U.S. 642 (1989) has (a) Right of recovery
weakened the scope and effectiveness of Federal civil
rights protections; and (1) Civil rights
‘‘(3) legislation is necessary to provide additional
protections against unlawful discrimination in em- In an action brought by a complaining party
ployment.’’ under section 706 or 717 of the Civil Rights Act
of 1964 [42 U.S.C. 2000e–5, 2000e–16] against a re-
PURPOSES OF 1991 AMENDMENT spondent who engaged in unlawful intentional
Pub. L. 102–166, § 3, Nov. 21, 1991, 105 Stat. 1071, pro- discrimination (not an employment practice
vided that: ‘‘The purposes of this Act [see Short Title that is unlawful because of its disparate im-
of 1991 Amendment note above] are— pact) prohibited under section 703, 704, or 717
‘‘(1) to provide appropriate remedies for intentional of the Act [42 U.S.C. 2000e–2, 2000e–3, 2000e–16],
discrimination and unlawful harassment in the work-
and provided that the complaining party can-
place;
‘‘(2) to codify the concepts of ‘business necessity’ not recover under section 1981 of this title, the
and ‘job related’ enunciated by the Supreme Court in complaining party may recover compensatory
Griggs v. Duke Power Co., 401 U.S. 424 (1971), and in and punitive damages as allowed in subsection
the other Supreme Court decisions prior to Wards (b), in addition to any relief authorized by sec-
Cove Packing Co. v. Atonio, 490 U.S. 642 (1989); tion 706(g) of the Civil Rights Act of 1964, from
‘‘(3) to confirm statutory authority and provide the respondent.
statutory guidelines for the adjudication of disparate
impact suits under title VII of the Civil Rights Act of (2) Disability
1964 (42 U.S.C. 2000e et seq.); and
In an action brought by a complaining party
‘‘(4) to respond to recent decisions of the Supreme
Court by expanding the scope of relevant civil rights under the powers, remedies, and procedures
statutes in order to provide adequate protection to set forth in section 706 or 717 of the Civil
victims of discrimination.’’ Rights Act of 1964 [42 U.S.C. 2000e–5, 2000e–16]
(as provided in section 107(a) of the Americans
LEGISLATIVE HISTORY FOR 1991 AMENDMENT with Disabilities Act of 1990 (42 U.S.C.
Pub. L. 102–166, title I, § 105(b), Nov. 21, 1991, 105 Stat. 12117(a)), and section 794a(a)(1) of title 29, re-
1075, provided that: ‘‘No statements other than the in- spectively) against a respondent who engaged
terpretive memorandum appearing at Vol. 137 Congres- in unlawful intentional discrimination (not an
sional Record S 15276 (daily ed. Oct. 25, 1991) [Cong. employment practice that is unlawful because
Rec., vol. 137, pt. 19, p. 28680, Oct. 25, 1991] shall be con-
of its disparate impact) under section 791 of
sidered legislative history of, or relied upon in any way
as legislative history in construing or applying, any title 29 and the regulations implementing sec-
provision of this Act [see Short Title of 1991 Amend- tion 791 of title 29, or who violated the require-
ment note above] that relates to Wards Cove—Business ments of section 791 of title 29 or the regula-
necessity/cumulation/alternative business practice.’’ tions implementing section 791 of title 29 con-
cerning the provision of a reasonable accom-
CONSTRUCTION OF 1991 AMENDMENT
modation, or section 102 of the Americans with
Pub. L. 102–166, title I, § 116, Nov. 21, 1991, 105 Stat. Disabilities Act of 1990 (42 U.S.C. 12112), or
1079, provided that: ‘‘Nothing in the amendments made committed a violation of section 102(b)(5) of
by this title [enacting section 1981a of this title and the Act, against an individual, the com-
amending this section, sections 1988, 2000e, 2000e–1,
2000e–2, 2000e–4, 2000e–5, 2000e–16, 12111, and 12112 of this
plaining party may recover compensatory and
title, and section 626 of Title 29, Labor] shall be con- punitive damages as allowed in subsection (b),
strued to affect court-ordered remedies, affirmative ac- in addition to any relief authorized by section
tion, or conciliation agreements, that are in accord- 706(g) of the Civil Rights Act of 1964, from the
ance with the law.’’ respondent.
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