For many years the brunt of racial discrimination was sorely felt in the area of employment. Today, however, an employee or job applicant who desires to redress an alleged racially discriminatory employment practice has two statutory remedies: 42 U.S.C. § 1981, and Title VII of the Civil Rights Act of 1964. Under section 1981, all citizens "have the same right .. . to make and enforce contracts," which necessarily includes the right to contract for employment. It has been established that an action under this section may be brought alleging racial discrimination in employment without demonstrating state action. Title VII was enacted to reinforce section 1981, eliminate historical patterns of discrimination in employment and provide broad relief for victims of that discrimination.
Constitutional Law- Civil Rights- Representative Party Need Only Show Sufficient Nexus With Class For Title VII Class Action to Continue,
U. Rich. L. Rev.
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