Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Private Discrimination Actions Filed In Federal Court: Nonsubstantive Matters Affecting Liability And Relief, Gary J. Spahn, David E. Boone
Private Discrimination Actions Filed In Federal Court: Nonsubstantive Matters Affecting Liability And Relief, Gary J. Spahn, David E. Boone
University of Richmond Law Review
Confusion regarding who may be held liable and what relief may be sought is evident in the inconsistent and conflicting decisions of the federal courts in private actions which charge unlawful discrimination under color of state law. The cause of the confusion has little to do with whether in fact the plaintiff has been the victim of discrimination but may be attributed to the piecemeal development of what may be termed nonsubstantive matters which nevertheless substantially affect the issues of liability and relief.
Title Vii And 42 U.S.C. § 1981: Two Independent Solutions
Title Vii And 42 U.S.C. § 1981: Two Independent Solutions
University of Richmond Law Review
Two major vehicles for redressing private racial discrimination are Title VII and 42 U.S.C. § 1981. In 1968 the Supreme Court, in Jones v. Alfred H. Mayer Co., ruled that section 1 of the Civil Rights Act of 18662 applied to private acts of discrimination. The plaintiff in Jones sought relief against a private real estate company under 42 U.S.C. § 1982. The Court found that the substance of sections 1981 and 1982 was to be found in its predecessor, section 1 of the Civil Rights Act of 1866, which was intended "to prohibit all racially motivated deprivations of the …