
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1981]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                        CHAPTER 21--CIVIL RIGHTS
 
                         SUBCHAPTER I--GENERALLY
 
Sec. 1981. Equal rights under the law


(a) Statement of equal rights

    All persons within the jurisdiction of the United States shall have 
the same right in every State and Territory to make and enforce 
contracts, to sue, be parties, give evidence, and to the full and equal 
benefit of all laws and proceedings for the security of persons and 
property as is enjoyed by white citizens, and shall be subject to like 
punishment, pains, penalties, taxes, licenses, and exactions of every 
kind, and to no other.

(b) ``Make and enforce contracts'' defined

    For purposes of this section, the term ``make and enforce 
contracts'' includes the making, performance, modification, and 
termination of contracts, and the enjoyment of all benefits, privileges, 
terms, and conditions of the contractual relationship.

(c) Protection against impairment

    The rights protected by this section are protected against 
impairment by nongovernmental discrimination and impairment under color 
of State law.

(R.S. Sec. 1977; Pub. L. 102-166, title I, Sec. 101, Nov. 21, 1991, 105 
Stat. 1071.)

                          Codification

    R.S. Sec. 1977 derived from act May 31, 1870, ch. 114, Sec. 16, 16 
Stat. 144.
    Section was formerly classified to section 41 of Title 8, Aliens and 
Nationality.


                               Amendments

    1991--Pub. L. 102-166 designated existing provisions as subsec. (a) 
and added subsecs. (b) and (c).


                    Effective Date of 1991 Amendment

    Section 402 of Pub. L. 102-166 provided that:
    ``(a) In General.--Except as otherwise specifically provided, this 
Act [see Short Title of 1991 Amendment note below] and the amendments 
made by this Act shall take effect upon enactment [Nov. 21, 1991].
    ``(b) Certain Disparate Impact Cases.--Notwithstanding any other 
provision of this Act, nothing in this Act shall apply to any disparate 
impact case for which a complaint was filed before March 1, 1975, and 
for which an initial decision was rendered after October 30, 1983.''


                      Short Title of 1991 Amendment

    Section 1 of Pub. L. 102-166 provided that: ``This Act [enacting 
section 1981a of this title and sections 60l and 1201 to 1224 of Title 
2, The Congress, amending this section and sections 1988, 2000e, 2000e-
1, 2000e-2, 2000e-4, 2000e-5, 2000e-16, 12111, 12112, and 12209 of this 
title, and section 626 of Title 29, Labor, and enacting provisions set 
out as notes under this section and sections 2000e and 2000e-4 of this 
title, and section 1a-5 of Title 16, Conservation] may be cited as the 
`Civil Rights Act of 1991'.''


                      Short Title of 1976 Amendment

    Pub. L. 94-559, which amended section 1988 of this title, is known 
as ``The Civil Rights Attorney's Fees Awards Act of 1976'', see note set 
out under section 1988 of this title.


                              Severability

    Section 401 of Pub. L. 102-166 provided that: ``If any provision of 
this Act [see Short Title of 1991 Amendment note above], or an amendment 
made by this Act, or the application of such provision to any person or 
circumstances is held to be invalid, the remainder of this Act and the 
amendments made by this Act, and the application of such provision to 
other persons and circumstances, shall not be affected.''


                         Congressional Findings

    Section 2 of Pub. L. 102-166 provided that: ``The Congress finds 
that--
        ``(1) additional remedies under Federal law are needed to deter 
    unlawful harassment and intentional discrimination in the workplace;
        ``(2) the decision of the Supreme Court in Wards Cove Packing 
    Co. v. Atonio, 490 U.S. 642 (1989) has weakened the scope and 
    effectiveness of Federal civil rights protections; and
        ``(3) legislation is necessary to provide additional protections 
    against unlawful discrimination in employment.''


                       Purposes of 1991 Amendment

    Section 3 of Pub. L. 102-166 provided that: ``The purposes of this 
Act [see Short Title of 1991 Amendment note above] are--
        ``(1) to provide appropriate remedies for intentional 
    discrimination and unlawful harassment in the workplace;
        ``(2) to codify the concepts of `business necessity' and `job 
    related' enunciated by the Supreme Court in Griggs v. Duke Power 
    Co., 401 U.S. 424 (1971), and in the other Supreme Court decisions 
    prior to Wards Cove Packing Co. v. Atonio, 490 U.S. 642 (1989);
        ``(3) to confirm statutory authority and provide statutory 
    guidelines for the adjudication of disparate impact suits under 
    title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); 
    and
        ``(4) to respond to recent decisions of the Supreme Court by 
    expanding the scope of relevant civil rights statutes in order to 
    provide adequate protection to victims of discrimination.''


                 Legislative History for 1991 Amendment

    Section 105(b) of Pub. L. 102-166 provided that: ``No statements 
other than the interpretive memorandum appearing at Vol. 137 
Congressional Record S 15276 (daily ed. Oct. 25, 1991) shall be 
considered legislative history of, or relied upon in any way as 
legislative history in construing or applying, any provision of this Act 
[see Short Title of 1991 Amendment note above] that relates to Wards 
Cove--Business necessity/cumulation/alternative business practice.''


                     Construction of 1991 Amendment

    Section 116 of title I of Pub. L. 102-166 provided that: ``Nothing 
in the amendments made by this title [enacting section 1981a of this 
title and amending this section, sections 1988, 2000e, 2000e-1, 2000e-2, 
2000e-4, 2000e-5, 2000e-16, 12111, and 12112 of this title, and section 
626 of Title 29, Labor] shall be construed to affect court-ordered 
remedies, affirmative action, or conciliation agreements, that are in 
accordance with the law.''


                 Alternative Means of Dispute Resolution

    Section 118 of title I of Pub. L. 102-166 provided that: ``Where 
appropriate and to the extent authorized by law, the use of alternative 
means of dispute resolution, including settlement negotiations, 
conciliation, facilitation, mediation, factfinding, minitrials, and 
arbitration, is encouraged to resolve disputes arising under the Acts or 
provisions of Federal law amended by this title [enacting section 1981a 
of this title and amending this section, sections 1988, 2000e, 2000e-1, 
2000e-2, 2000e-4, 2000e-5, 2000e-16, 12111, and 12112 of this title, and 
section 626 of Title 29, Labor].''

                        Executive Order No. 13050

    Ex. Ord. No. 13050, June 13, 1997, 62 F.R. 32987, which established 
the President's Advisory Board on Race, was revoked by Ex. Ord. No. 
13138, Sec. 3(e), Sept. 30, 1999, 64 F.R. 53880, set out as a note under 
section 14 of the Appendix to Title 5, Government Organization and 
Employees.

                  Section Referred to in Other Sections

    This section is referred to in sections 1981a, 1988 of this title; 
title 2 sections 1202, 1311; title 3 section 411.
