Title VII and Section 1981 are federal statutes which contain protections against employment discrimination on the basis of color.  

Title VII prohibits employers from subjecting employees to adverse employment actions on the basis of color.  Examples of adverse employment actions include constructive discharge, termination, refusal to hire, discrimination or harassment, and exposure to a hostile work environment.  Employers are further prohibited under Title VII from taking part in retaliatory practices, should they oppose employment practices made unlawful by Title VII or participate in any way in a Title VII proceeding. 

Title VII applies to employers who have at least fifteen employees working each day for the twenty weeks preceding the filing of the civil claim.  Title VII applies to all private employers, state and local governments, and educational institutions. 

In order to bring a civil claim under Title VII, an individual must first file a charge with the Equal Employment Opportunities Commission (“EEOC”).  From the date of the adverse action, employees typically have 300 days to file a charge of discrimination with the EEOC.   

Section 1981 prohibits employers from interfering with the employee’s right to make and enforce contracts, on the basis of color.  Federal case law has interpreted Section 1981 as prohibiting employers from taking disparate action against an employee, solely on the basis of color.   

Unlike Title VII, Section 1981 applies to all employers, regardless of the number of employees the employer has.  Further, both federal and state courts have jurisdiction over Section 1981 claims, and there is no need to file with either the EEOC or the Illinois Department of Human Rights (“IDHR”) before filing a civil law suit.  There is a four-year statute of limitations to file suit in court under Section 1981.  

In order to bring a civil claim under Title VII, an individual must first file a charge with the Equal Employment Opportunities Commission (“EEOC”).  From the date of the adverse action, employees typically have 300 days to file a charge of discrimination with the EEOC.   

Plaintiffs successful in bringing suit under Title VII may be entitled to back pay, reinstatement or front pay, compensatory damages, and attorneys’ fees.  In cases where the employer acted intentionally, with malice or reckless disregard, a successful plaintiff may also be awarded punitive damages.  Under Title VII, both compensatory and punitive damages are statutorily capped based on the number of individuals employed by the employer.  For employers with 15-100 employees, a plaintiff may be awarded no more than $50,000 in compensatory damages and no more than $50,000 in punitive damages for willful violations. For employees with 101-200 employees, the cap for each is $100,000.  For employers with 201-500 employees, the cap is $200,000.  For all other employers, the cap is $300,000 for each category of damages. 

Section 1981 plaintiffs may be entitled to back pay, compensatory damages, punitive damages, discretionary attorneys’ fees, and injunctive relief.  Unlike compensatory and punitive damages under Title VII, there are no statutory caps on damages for violations of Section 1981. 

If you have questions about your rights under Title VII or Section 1981, or feel that your employer has violated Title VII or Section 1981 with respect to the terms and conditions of your employment, contact Caffarelli & Siegel Ltd. to speak to a Chicago Employment lawyer.