What is the Civil Rights Act of 1866?

The Civil Rights Act of 1866, commonly known as the 1981 Act, was passed at the end of the Civil War in an effort to protect minorities against race-based discrimination. The pertinent provisions of the Act reads, All persons shall have the same right to make and enforce contracts as enjoyed by white citizens. While the 1981 Act also protects against race-based discrimination, it provides additional protections beyond those of Title VII.

What does the 1981 Act Prohibit?

It specifically protects against discrimination in hiring, retaliatory firing, and creation of a hostile work environment.Â

What are the benefits of the 1981 Act?

It originally allowed for the recovery of damages for intentional discrimination. The Act was amended in 1991 to allow a plaintiff to recover for policies or practices with a discriminatory impact. Unlike Title VII, the 1981 Act allows a plaintiff to bring an action in federal court without filing a complaint through the EEOC. It also allows plaintiffs to recover compensatory and punitive damages in the event of intentional discrimination.