Tuesday, March 24, 2020

SCOTUS applies "but for" standard to race claims under s1981

I've been so busy trying to keep up with pandemic pandemonium that I completely missed this SCOTUS decision that came out yesterday: Comcast Corp. v. National Association of African American-Owned Media.

Federal statute, 42 U. S. C. §1981(a), guarantees, “[a]ll persons . . . the same right . . . to make and enforce contracts . . . as is enjoyed by white citizens.” In other words, it prohibits race discrimination when making and enforcing contracts. Per the syllabus, the Court held "
A §1981 plaintiff bears the burden of showing that the plaintiff’s race was a but-for cause of its injury, and that burden remains constant over the life of the lawsuit."

Helpful reminder that many courts have shut down physical locations or postponed certain in-person activities - but the courts are still conducting business.

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