Plaintiffs asserting claims of race discrimination in employment often bring claims under both Title VII of the Civil Rights Act of 1964 (Title VII) and Section 1981 of the Civil Rights Act of 1866 (Section 1981) based on the same sets of facts. Courts frequently analyze Section 1981 and Title VII claims identically, leading some employers to view them as essentially the same.

However, these statutes differ in several critical ways, such as whom they cover, classes they protect, remedies and damages they permit and defenses employers may raise against them. Savvy employers that understand the similarities and differences between Title VII and Section 1981 can better avoid violating both statutes. They can also better defend plaintiffs' overlapping or parallel claims under these statutes, using the similarities or differences to their strategic advantage.

Practical Law has published Practice Note, Race Color and National Origin Discrimination under Title VII and Section 1981, which addresses race, color and national origin discrimination under Title VII and Section 1981 and explains:

Practical Law has also published a Title VII and Section 1981 Comparison Chart summarizing and comparing key provisions and interpretations of Title VII and Section 1981, including provisions and interpretations about:

Finally, Practical Law has published a checklist setting out considerations for employers facing claims for race, color or national origin discrimination under Title VII or Section 1981 (see Defending a Race, Color or National Origin Discrimination Claim Checklist).

This suite of resources will help employers: