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An affiliate 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?
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.
