This Article examines the standard of proof a plaintiff must satisfy to establish a prima facie case of race discrimination under section 1 of the Civil Rights Act of 1866, now codified as 42 U.S.C. Sections 1981 and 1982. The article begins by looking at the historical background and present significance of section 1981. The article then goes on to discuss the two possible standards of proof, intentional race discrimination or a disproportionately adverse racial impact. Lower Federal court decisions are then examined to determine the current status of the law. The author then makes arguments for and against each of the standards and concludes that the Supreme Court is likely to decide to require proof of intentional discrimination to sustain a prima facie case of racial discrimination.
Intent v. Impact: The Standard of Proof Necessary to Establish a Prima Facie Case of Race Discrimination under 42 U.S.C. 1981,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol16/iss2/3