Many workers know that employment discrimination is not only unfair, but also illegal. Employees should also be assured that they have certain rights regarding discrimination; this includes the right to take legal action against the perpetrators. What isn’t as clear is what should they file? Should it be a Section 1981 lawsuit or a Title VII claim?
Both section 1981 and Title VII of the federal Civil Rights Act of, protect employees against discrimination at work. However, it depends on what type of discrimination. For instance, if you’ve suffered from racial discrimination, you could possibly use one or the other.
Section 1981 grants individuals the right to make and enforce contracts, regardless of race. Because the employee/employer relationship is regarded as a “contractual” relationship (even considering at-will employment), Section 1981 relates to numerous factors of the employment connection.