Congress Must Bolster Bias Remedies After Comcast Ruling

Law360 (April 1, 2020, 6:11 PM EDT) -- In the wake of the U.S. Supreme Court's recent ruling in Comcast Corp. v. National Association of African American-Owned Media,[1] multiple civil rights lawyers and African American businesspeople have reached out to us, expressing concern that discrimination in business settings will escalate without any ability for recourse.

Articles about the Comcast decision characterizing it as establishing a "strict test" and a "high bar" for claims under Title 42 of U.S Code Section 1981 add to the concern.[2] But civil rights lawyers should have little concern that, by extending a "but-for" requirement to Section 1981 cases, the Supreme Court made it difficult...

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