Race & National Origin Discrimination Case Law

Shaare Tefila Congregation v. Cobb, 481 U.S. 615 (1987) 107 S.Ct. 2019

The Civil Rights Act of 1866 covers Jewish people because, at the time the Act was passed, Jewish people were considered to be a distinct race and therefore constituted a group that Congress intended to protect.

Saint Francis College v. Al-Khazraji, 481 U.S. 604 (1987) 107 S.Ct. 2022

Section 1981 of the Civil Rights Act of 1866 protects from discrimination identifiable classes of persons who are subjected to intentional discrimination solely because of their ancestry or ethnic characteristics.

Espinoza v. Farah Manufacturing Company, 414 U.S. 86 (1973) 94 S.Ct. 334

Title VII does prohibit discrimination based on national origin, but not based on citizenship.

Parr v. Woodmen of the World Life Insurance Company, 791 F.2d 888 (11th Cir. 1986)

An employer cannot discriminate against a person because of his interracial association with another, such as by an interracial marriage.

Connecticut v. Teal, 457 U.S. 440 (1982) 102 S.Ct. 2525

Based on Title VII, employers cannot require that employees pass written examination in order to get a promotion where the examination is not related to the job and disproportionately excludes African-Americans.

Lams v. General Waterworks Corp., 766 F.2d 386 (8th Cir. 1985)

Denying or limiting promotional opportunities to a protected class on the basis of the employer's belief that members of that class are not interested in being promoted is a discriminatory practice.

Griggs v. Duke Power Co. (1971) 401 US 424, 91 S.Ct 849

One type of age-related employment discrimination that may be alleged: Discrimination by Disparate Impact - a facially neutral employment policy adversely affects the members of a protected group. Focuses on the consequences of an employment practice, not the purpose or motive. An employer cannot require that an employee or an applicant pass a standardized general intelligence test as a condition of employment, where the test has an adverse impact on African-Americans and was not job-related.