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A program of the U.S. Chamber of Commerce
Does a claim of race discrimination under 42 U.S.C. § 1981 fail in the absence of but-for causation?
The opinion clarifies that an allegation that race merely played “some role” in a defendant’s decision-making process is not sufficient under Section 1981. The U.S. Chamber urged the Court to take the case at the cert. stage and filed a brief at the merits stage supporting this result.
Click here to view the Chamber’s amicus brief. The U.S. Chamber previously urged the Supreme Court to grant cert. in this case.
Gregory G. Garre of Latham & Watkins LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.
The Supreme Court granted review to determine whether a claim of racial discrimination may proceed even if racial animus was not the but-for cause of a defendant’s action, so long as a plaintiff can still demonstrate that discriminatory intent was a factor in that action. In this case, the Ninth Circuit had ruled that the plaintiffs—suing on behalf of an African-American owned cable channel—could proceed with a claim that Comcast discriminated against “100% African American–owned media companies” even though it carried other minority owned channels, including other 100% African-American owned channels.
The U.S. Chamber filed amicus briefs urging the Court to take this and a companion case.
Click here to view the Chamber’s amicus brief.
Gregory Garre of Latham & Watkins LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.
