Civil Rights · claim
Section 1981 of the Civil Rights Act of 1866 prohibits racial discrimination in the making and enforcement of contracts. It ensures that all individuals have equal rights under the law to make and enforce contracts regardless of race or ethnicity.
The plaintiff must demonstrate that they suffered discrimination based on their race or ethnicity.
What to prove: The plaintiff must show that the alleged discriminatory actions were motivated by racial bias.
The plaintiff must establish that there is a contractual relationship that was either being formed or in which they were already participating.
What to prove: The existence of a contract or an opportunity to enter into a contract must be proven.
Evidence must be provided that the defendant acted with intent to discriminate against the plaintiff regarding the contract.
What to prove: The plaintiff needs to show that the defendant’s actions were intentional and discriminatory against the plaintiff's racial identity.
The burden of proof lies with the plaintiff, who must establish their claim by a preponderance of the evidence standard.
Focus on the specific elements required to establish a Section 1981 claim. Analyze fact patterns that show racial discrimination in contractual situations.