42 U.S.C. § 1981 — Equal rights under the law

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