Supreme Court Decides That Discrimination Claims Under Section 1981 Must Plead and Prove ‘But For’ Causation
4/3/20
By: Catherine Scott and David Cole When asserting race discrimination, many plaintiffs bring claims under 42 U.S.C. § 1981, which affords “[a]ll persons . . . the same right . . . to make and enforce contracts . . . as is enjoyed by white citizens.” This has been interpreted as allowing race discrimination claims in…
Discrimination Without A Difference: Supreme Court To Decide Whether Section 1981 Requires “But For” Causation Or Whether Same-Decision Defense Applies
6/24/19
By: Michael Hill The U.S. Supreme Court is poised to answer the question of where to draw the line when a decision is motivated in part by race discrimination. Must the plaintiff show the decision would not have been made but for his or her race, or is it sufficient to show that race was…
