US Code Title 42 Section 1981

CITE

    42 USC Sec. 1981                                            01/08/2008

EXPCITE

    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 21 - CIVIL RIGHTS
    SUBCHAPTER I - GENERALLY

HEAD

    Sec. 1981. Equal rights under the law

STATUTE

    (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 contracts, to sue, be parties, give evidence, and to the
    full and equal benefit of all laws and proceedings for the security
    of persons and property as is enjoyed by white citizens, and shall
    be subject 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 contractual relationship.
    (c) Protection against impairment
      The rights protected by this section are protected against
    impairment by nongovernmental discrimination and impairment under
    color of State law.

SOURCE

    (R.S. Sec. 1977; Pub. L. 102-166, title I, Sec. 101, Nov. 21, 1991,
    105 Stat. 1071.)

CODIFICATION

      R.S. Sec. 1977 derived from act May 31, 1870, ch. 114, Sec. 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).
                     EFFECTIVE DATE OF 1991 AMENDMENT
      Section 402 of Pub. L. 102-166 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. - Notwithstanding 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
      Section 1 of Pub. L. 102-166 provided 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 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
      Section 401 of Pub. L. 102-166 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 amendments made by this Act, and the application
    of such provision to other persons and circumstances, shall not be
    affected."
                          CONGRESSIONAL FINDINGS
      Section 2 of Pub. L. 102-166 provided 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 employment."
                        PURPOSES OF 1991 AMENDMENT
      Section 3 of Pub. L. 102-166 provided 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 workplace;
        "(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
      Section 105(b) of Pub. L. 102-166 provided that: "No statements
    other than the interpretive memorandum appearing at Vol. 137
    Congressional Record S 15276 (daily ed. Oct. 25, 1991) shall be
    considered 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 Amendment note above] that
    relates to Wards Cove - Business necessity/cumulation/alternative
    business practice."
                      CONSTRUCTION OF 1991 AMENDMENT
      Section 116 of title I of Pub. L. 102-166 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 construed to
    affect court-ordered remedies, affirmative action, or conciliation
    agreements, that are in accordance with the law."
                  ALTERNATIVE MEANS OF DISPUTE RESOLUTION
      Section 118 of title I of Pub. L. 102-166 provided that: "Where
    appropriate and to the extent 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 ORDER

                         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, Sec. 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.