After the end of the Civil War, Congress enacted Section 1981, outlawing bias based on race in contracts.
But “race” is a general term that also includes classifications based on qualities like being identified as German, Russian or Arab.
Recent case: Shu-Lien Chang sued the restaurant where she worked, alleging that she was harassed because of her Asian race. She based her suit on Section 1981. Her employer argued that the law didn’t cover national-origin discrimination.
The court agreed, but said that her identification as a member of the Asian race was different. It said that ethnicity and characteristics common to people from particular countries can be “race” for lawsuit purposes. (Chang v. Sodexho, No. 5:11-CV-935, ND OH, 2011)
- Courts say, 'Enough!': Employees must file all related claims at same time
- Balance FMLA and ADA rights to avoid potential trouble
- Employee passed test? He's probably 'qualified'
- Accommodate workers' eating needs when it's medically necessary
- Holiday parties: 12 tips for making sure liability doesn't hang over your head