Civil Rights in Transition: Sections 1981 and 1982 Cover Discrimination on the Basis of Ancestry and Ethnicity
62 Pages Posted: 15 Nov 2013
Date Written: 1988
This article explores the significance of the recent United States Supreme Court decisions extending the scope of 42 U.S.C. sections 1981 and 1982 to discrimination on the basis of ancestry and ethnicity. While the article was in its final editorial stage, the Supreme Court in Patterson v. McLean Credit Union, called for reargument as to whether the holding in Runyon v. McCrary, that section 1981 applies to private discrimination, should be reconsidered.
One of the points stressed in this article is that sections 1981 and 1982 are especially important vehicles for redressing societal discrimination because they apply to private as well as public parties. The authors believe that the value of these provisions will be seriously eroded should Runyon be overruled.
Keywords: Supreme Court, civil rights, discrimination, Runyon, 42 U.S.C. section 1981, 42 U.S.C. section 1982, Title VII, Saint Francis College, Shaare Tefila Congregation
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