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Civil Rights Act of 1866

Christine Neylon O'Brien


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In the aftermath of the American Civil War, the Civil Rights Act of 1866 was enacted pursuant to the congressional power to eradicate slavery provided by the Thirteenth Constitutional Amendment . The statute was reenacted in 1870 following ratification of the Fourteenth Constitutional Amendment . Lawsuits brought under the Civil Rights Act of 1866 are often referred to as section 1981 and section 1982 cases because of the codification of this statute at those section numbers within Title 42 of the United States Code. Section 1981 provides a remedy for all forms of racial discrimination in private sector employment in addition to that afforded by Title VII of the Civil Rights Act of 1964 . Unlike a Title VII plaintiff, those pursuing a section 1981 claim need not exhaust the Equal Employment Opportunity Commission administrative agency route. Also, the period for filing a section 1981 claim is longer than the time allowed for filing claims under Title VII. Only purposeful or intentional discrimination is actionable under section 1981, whereas Title VII provides for discrimination claims based both upon disparate impact or disparate treatment ( Twomey, 1994 ). ( 1994 ). Labor and Employment Law . Cincinnati, OH : South‐Western Publishing . ... log in or subscribe to read full text

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