Employment Discrimination Under 42 U.S.C. § 1981

116 Florida cases classified under this topic · sorted by citation count · browse and sort

• Johnson v. The Goodyear Tire & Rubber Co.
  491 F.2d 1364· 5th Cir.· 1974-03-27 ·cited 188×
  The court held that the district court erred in finding that Goodyear's testing requirements did not have a discriminatory effect and in denying class-wide back pay. The court also extended the coverage of seniority relief.
• Hollie Cotton and Young Herrod v. Ravon Hinton and Chauncey L. Gardner
  559 F.2d 1326· 5th Cir.· 1977-09-30 ·cited 178×
  The court held that the district judge did not abuse his discretion in approving the settlement, finding it to be fair, adequate, and reasonable, and that the objectors' contentions lacked merit.
• Hunter v. Allis-Chalmers Corp.
  797 F.2d 1417· 7th Cir.· 1986-07-30 ·cited 160×
  The court held that sufficient evidence supported the jury's finding of employment discrimination based on racial harassment and retaliatory discharge, and that the damage awards were not excessive.
• Jewel C. Rich v. Martin Marietta Corp.
  522 F.2d 333· 10th Cir.· 1975-08-01 ·cited 149×
  The court held that the trial court erred in narrowly defining the class and in denying broad discovery, as these actions prejudiced the plaintiffs' ability to prove their discrimination claims.
• Guerra v. Manchester Terminal Corp.
  498 F.2d 641· 5th Cir.· 1974-07-31 ·cited 109×
  The court held that discrimination based on alienage is not prohibited by Title VII, but 42 U.S.C. § 1981 applies to aliens and private discrimination, and that filing administrative charges tolls the statute of limitations for § 1981 claims.
• Croker v. The Boeing Co. (Vertol Division) & Local No. 1069 of Int'l Union
  662 F.2d 975· 3d Cir.· 1981-09-30 ·cited 108×
  The dissenting opinion argues that a plaintiff relying on 42 U.S.C. § 1981 should be able to establish a prima facie case through a showing of racially disparate impact, not solely direct evidence of discriminatory purpose.
• Rodriguez v. East Texas Motor Freight
  505 F.2d 40· 5th Cir.· 1974-11-25 ·cited 100×
  The court held that the district court erred in dismissing the class action and in finding no discrimination, as statistical evidence established a prima facie case of past discrimination perpetuated by current policies.
• United States v. United States Steel Corp.
  520 F.2d 1043· 5th Cir.· 1975-10-08 ·cited 97×
  The court held that the district court abused its discretion in denying back pay to the 'new' Ford class, as controlling precedent requires a bifurcated approach and resolves uncertainties against the discriminating employer.
• Goodman v. Lukens Steel Co.
  777 F.2d 113· 3d Cir.· 1985-11-13 ·cited 81×
  The court held that the statute of limitations for a cause of action under 42 U.S.C. § 1981 in Pennsylvania should be six years, not two years as applied to § 1983 claims.
• Hines v. D'Artois
  531 F.2d 726· 5th Cir.· 1976-05-13 ·cited 77×
  A district court order staying a § 1981 employment discrimination suit pending exhaustion of Title VII administrative remedies is an appealable final order if it effectively puts the plaintiff out of court for an indefinite and protracted period.
• GAY v. Waiters' & Dairy Lunchmen's Union
  694 F.2d 531· 9th Cir.· 1982-08-24 ·cited 74×
  A district court's determination that a plaintiff failed to establish a prima facie case of intentional discrimination under § 1981 is a question of law reviewable de novo, not a finding of fact subject to the clearly erroneous standard.
• Eastland v. Tenn. Valley Auth.
  553 F.2d 364· 5th Cir.· 1977-02-28 ·cited 65×
  The court held that the thirty-day filing period for federal employees under Title VII is jurisdictional and not extended by agency failure to provide notice of the right to sue, but that federal employees are entitled to a trial de novo and may maintain class actions.
• Johnson v. Uncle Ben's, Inc.
  628 F.2d 419· 5th Cir.· 1980-10-17 ·cited 62×
  The court held that the district court erred in its application of statistical analysis and its assessment of subjective promotion criteria, requiring a remand for further findings. The dismissal of claims regarding Mexican-Americans was reversed as to prejudice.
• The Guardians Ass'n OF the NEW York City Police Dep't, Inc. v. Civil Serv. Comm'n OF the City OF NEW York
  633 F.2d 232· 2d Cir.· 1980-07-25 ·cited 61×
  The court held that while retroactive seniority may be appropriate under Title VII, the district court must consider the unique public interest in police department effectiveness and morale when fashioning a remedy.
• Indira Gairola v. Commonwealth OF Va. Dep't OF Gen. Servs.
  753 F.2d 1281· 4th Cir.· 1985-02-06 ·cited 60×
  The court held that the magistrate did not err in granting a directed verdict on the race discrimination claims and entering judgment for the defendants on all claims, as the plaintiff failed to establish a prima facie case and the defendants provided legitimate, non-pretextual r
• Cleveland McWILLIAMS v. Escambia Cnty. Sch. Bd.
  658 F.2d 326· 5th Cir.· 1981-10-05 ·cited 58×
  The court held that the plaintiff's claims for discriminatory transfer and demotion were time-barred under Title VII, § 1981, and § 1983 due to failure to file within the applicable limitations periods. The court also affirmed the district court's findings that the plaintiff fail
• Wrighten v. Metro. Hosps., Inc.
  726 F.2d 1346· 9th Cir.· 1984-01-31 ·cited 53×
  The court held that the trial court erred in dismissing Red Top and in applying the statute of limitations for Blocker's § 1981 claim, but these errors were harmless. The court reversed the dismissal of Wrighten's retaliation claim, finding that her termination was retaliatory.
• Ramsey Alexander and Robert F. Newman v. Aero Lodge NO. 735, Int'l Ass'n OF MacHinists & Aerospace Workers, AFL-CIO
  565 F.2d 1364· 6th Cir.· 1977-11-01 ·cited 52×
  The court held that while individual discrimination claims could be affirmed, class-wide findings of discrimination and the resulting injunctive relief were improper and vacated. The court also affirmed the dismissal of one individual claim while reversing another.
• Ramirez v. Nat'l Distillers & Chem. Corp.
  586 F.2d 1315· 9th Cir.· 1978-11-30 ·cited 50×
• Mandujano v. Basic Vegetable Prods., Inc.
  541 F.2d 832· 9th Cir.· 1976-08-27 ·cited 50×
  The court held that the procedures followed in approving the class action settlement were inadequate, requiring remand for further proceedings.
• Terrell v. United States Pipe & Foundry Co.
  644 F.2d 1112· 5th Cir.· 1981-05-14 ·cited 48×
  The court held that the Bessemer seniority system was not bona fide under Title VII due to discriminatory intent, but the Steelworkers union is not liable for its perpetuation because it took all reasonable steps to oppose it. The court also found the 1969 EEOC charges insufficie
• Kinsey v. First Reg'l Sec., Inc.
  557 F.2d 830· D.C. Cir.· 1977-04-18 ·cited 46×
  The court held that the district court erred in excluding statistical and expert testimony, and that the employer's hiring practices, including the moratorium and subjective criteria, were likely pretextual, establishing a prima facie case of discrimination.
• Jones v. W. Geophysical Co. OF Am.
  669 F.2d 280· 5th Cir.· 1982-03-03 ·cited 43×
  The court held that the district court erred in granting summary judgment by improperly deciding factual issues and that the plaintiff presented sufficient evidence to create a genuine issue of material fact regarding discrimination.
• Walton v. Eaton Corp.
  563 F.2d 66· 3d Cir.· 1977-07-18 ·cited 43×
  The court held that a plaintiff who waives the right to a jury trial in an initial complaint cannot revive that right by filing a second, substantially identical complaint, even if it demands a jury trial and alleges new damages.
• Lavender v. V & B Transmissions & Auto Repair
  897 F.2d 805· 5th Cir.· 1990-04-06 ·cited 42×
  The court held that the Supreme Court's decision in Patterson v. McLean Credit Union should be applied retroactively, and that discriminatory termination is not actionable under 42 U.S.C. § 1981.
• Craig v. Cnty. OF LOS Angeles
  626 F.2d 659· 9th Cir.· 1980-08-01 ·cited 42×
  The court held that the district court erred in finding the minimum height requirements job-related and that the ET4-1 test's validation was insufficient without demonstrating its link to actual job performance. However, the court affirmed the denial of relief under 42 U.S.C. § 1
• Zuniga v. Amfac Foods, Inc.
  580 F.2d 380· 10th Cir.· 1978-07-10 ·cited 42×
  The court held that a claim under 42 U.S.C. § 1981 is comparable to Colorado contract and tort actions, thus governed by the six-year statute of limitations under C.R.S.1973 § 13-80-110, making the plaintiff's claim timely.
• Donnell v. Gen. Motors Corp.
  576 F.2d 1292· 8th Cir.· 1978-05-24 ·cited 42×
  The court held that the educational requirements for the apprenticeship program had a disparate impact on black applicants and were not justified by business necessity, and that the defendant unions should not have been excused from liability.
• Belen Torres v. Cnty. OF Oakland & Oakland Cnty. Cmty. Mental Health Servs. Bd.
  758 F.2d 147· 6th Cir.· 1985-03-19 ·cited 37×
  The court held that admitting testimony containing a legal conclusion was harmless error, and that a single instance of derogatory language or a downgraded evaluation, without more, does not constitute a separate claim for employment discrimination.
• Howze v. Jones & Laughlin Steel Corp.
  750 F.2d 1208· 3d Cir.· 1984-12-28 ·cited 37×
  The court held that the district court erred in granting summary judgment based on an untimely EEOC charge and that the denial of leave to amend the complaint and extend discovery was an abuse of discretion.
• Sammie J. Rodgers v. Fisher Body Division
  739 F.2d 1102· 6th Cir.· 1984-07-13 ·cited 37×
  The court held that while liability was established, the jury's awards for compensatory and punitive damages were excessive due to inadequate guidance and speculative calculations, necessitating a new trial on damages.
• Jackson v. Univ. OF Pittsburgh
  826 F.2d 230· 3d Cir.· 1987-08-19 ·cited 36×
  Summary judgment was improperly granted for the defendants on the plaintiff's federal claims concerning his discharge, as genuine issues of material fact exist regarding pretext and discrimination.
• Powell v. Syracuse Univ.
  580 F.2d 1150· 2d Cir.· 1978-07-13 ·cited 36×
  The court held that the plaintiff failed to establish a prima facie case of discrimination because she did not demonstrate she met the minimal level of competence required for a university faculty position.
• Jackson v. City OF Killeen (Killeen Pub. Library)
  654 F.2d 1181· 5th Cir.· 1981-09-04 ·cited 35×
  The court held that the employer articulated legitimate, non-discriminatory reasons for the discharge, and the plaintiff failed to demonstrate these reasons were a pretext for discrimination.
• Jones v. The Cont'l Corp.
  789 F.2d 1225· 6th Cir.· 1986-05-06 ·cited 34×
  The court held that attorney's fees could not be awarded against counsel for failing to amend a complaint or refuse to sign a pretrial order without evidence of bad faith or unreasonable multiplication of litigation, and that fees could not be awarded against the plaintiff for he
• Poolaw v. The City OF Anadarko
  660 F.2d 459· 10th Cir.· 1981-09-25 ·cited 32×
  The court held that a property interest in employment is not required for a claim of racial discrimination under 42 U.S.C. § 1981, and that a claim for discriminatory refusal to reinstate under Title VII is timely if filed within 180 days of the refusal, not the original discharg
• Mitchell v. Keith
  752 F.2d 385· 9th Cir.· 1985-01-21 ·cited 31×
  The court held that the trial court did not err in refusing proposed jury instructions that were inaccurate or misleading, nor did it abuse its discretion in excluding evidence or awarding attorney's fees.
• Whatley v. Skaggs Cos., Inc.
  707 F.2d 1129· 10th Cir.· 1983-05-09 ·cited 31×
  The court affirmed the trial court's judgment on the discrimination claim, finding no reversible error in the admission of evidence or the relief granted, but agreed that interest should be awarded on the back pay. The court also affirmed the trial court's findings regarding back
• Scarlett v. Thomas and William D. Rood
  676 F.2d 1043· 5th Cir.· 1982-05-24 ·cited 30×
  The court held that the 180-day filing period for Title VII claims is a statute of limitations, not jurisdictional, and that a continuing violation theory requires actionable conduct within the limitations period, not just the continuing impact of past discrimination. The court a
• Williams v. NEW Orleans S.S. Ass'n
  673 F.2d 742· 5th Cir.· 1982-04-09 ·cited 30×
  The court held that the district court erred in dismissing the claim of racial discrimination in the allocation of grain work and in refusing to certify a class for that claim. The court affirmed the dismissal of the discriminatory assignment claim in general cargo gangs.
• Maswamba Musikiwamba v. Essi, Inc.
  760 F.2d 740· 7th Cir.· 1985-04-12 ·cited 29×
  Successor liability can apply under 42 U.S.C. § 1981 for employment discrimination when specific conditions are met, limiting remedies to make-whole relief.
• Easley v. Anheuser-Busch, Inc.
  758 F.2d 251· 8th Cir.· 1985-03-22 ·cited 28×
  The court held that the exclusion of expert testimony was harmless error, but the dissenting judge disagreed.
• Sabala v. W. Gillette, Inc.
  516 F.2d 1251· 5th Cir.· 1975-08-04 ·cited 28×
  The court held that the district court did not err in finding that Western Gillette discriminated against minority employees by maintaining separate seniority systems and discouraging transfers, but erred in its calculation of back pay and attorney's fees.
• Whatley v. Dep't OF Educ.
  673 F.2d 873· 5th Cir.· 1982-04-23 ·cited 26×
  The court held that Georgia's bifurcated statute of limitations, § 3-704, applies to employment discrimination claims under both 42 U.S.C. § 1981 and § 1983, barring back pay claims but not equitable relief. The court also reversed dismissal of the Title VII claim, remanding for
• In re Bethesda Mem'l Hosp., Inc.
  123 F.3d 1407· 11th Cir.· 1997-09-26 ·cited 25×
  Bethesda Memorial Hospital petitioned for review of a district court's sua sponte remand order entered 34 days after removal based on defendants' failure to join the removal petition. The Eleventh Circuit held that district courts lack statutory authority under 28 U.S.C. § 1447(c
• Jethro Horn v. Associated Wholesale Grocers, Inc.
  555 F.2d 270· 10th Cir.· 1977-05-11 ·cited 25×
  The court held that the class action should have been certified at the earliest possible time and that injunctive relief should have been granted, as the trial court found employment discrimination existed as to the class. It also held that the plaintiff could represent the class
• Phillips v. Legacy Cabinet
  87 F.4th 1313· 11th Cir.· 2023-12-08 ·cited 24×
  The court held that a reasonable jury could find that the employer discriminated against the plaintiff based on race, reversing the grant of summary judgment.
• Tino Villanueva v. Wellesley Coll.
  930 F.2d 124· 1st Cir.· 1991-04-19 ·cited 24×
  The court held that the plaintiff failed to present sufficient evidence to create a genuine issue of material fact regarding whether the college's articulated nondiscriminatory reasons for denying tenure were a pretext for discrimination.
• Robbins v. White-Wilson Med. Clinic, Inc.
  660 F.2d 1064· 5th Cir.· 1981-11-12 ·cited 23×
  The court should affirm the trial court's decision because the evidence supports the finding that race was not a factor in the employment decision.
• Fong v. Am. Airlines, Inc.
  626 F.2d 759· 9th Cir.· 1980-09-03 ·cited 23×
  The court held that the plaintiff failed to establish a prima facie case of racial discrimination and that the excluded hearsay statement was inadmissible.