Difference between revisions of "Section 1981"
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:(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. | :(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 | + | :(c) Protection against impairment. The rights protected by this section were protected against impairment by nongovernmental discrimination and impairment under color of State law. |
| − | Violations of Section 1981 by government officials | + | Violations of Section 1981 by government officials were traditionally asserted through use of [[Section 1983]], but the subsection (c) was added in the 1991 amendments to the Civil Rights Act to clarify that rights could be asserted under Section 1981 itself. |
[[category:Section 1981]] | [[category:Section 1981]] | ||
[[category:Section 1983]] | [[category:Section 1983]] | ||
Revision as of 04:33, January 16, 2008
42 U.S.C. § 1981, or more familiarly simply Section 1981, is a federal law that establishes the rights under the law for persons of all color shall be the same as the rights of "white citizens":
- (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 were protected against impairment by nongovernmental discrimination and impairment under color of State law.
Violations of Section 1981 by government officials were traditionally asserted through use of Section 1983, but the subsection (c) was added in the 1991 amendments to the Civil Rights Act to clarify that rights could be asserted under Section 1981 itself.