Comcast v. National Association of African-American Owned Media

U.S. Supreme Court

Question(s) Presented

Does a claim of race discrimination under 42 U.S.C. § 1981 fail in the absence of but-for causation?

Tab Group

Merits Stage

U.S. Supreme Court holds that a race discrimination claim under 42 U.S.C. §1981 requires a plaintiff to show that race was the cause of the defendant’s challenged actions

March 23, 2020

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.

U.S. Chamber leads coalition merits-stage brief urging Supreme Court to clarify that race discrimination must be the “but for” cause of a plaintiff’s injury to support a Section 1981 claim

August 15, 2019

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.

Petition Stage

Cert. petition granted limited to Question 1 presented by the petition

June 10, 2019

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.

U.S. Chamber files amicus brief urging the Supreme Court to grant cert. to clarify that race discrimination must be the “but for” cause of a plaintiff’s injury to support a Section 1981 claim

April 11, 2019

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.

Case Documents

Cert. Petition -- National Association of African-American Owned Media v. Comcast (U.S. Supreme Court).pdf

U.S. Chamber Amicus Brief -- National Association of African-American Owned Media v. Comcast (U.S. Supreme Court).pdf

U.S. Chamber Amicus Brief -- Comcast v. National Association of African-American Owned Media (U.S. Supreme Court) .pdf

Opinion -- Comcast v. National Association of African-American Owned Media (U.S. Supreme Court).pdf