Comcast Corp. v. National Association of African American-Owned Media (U.S. Supreme Court, 2019)


At issue in this case is whether under one of the oldest federal civil rights statutes — Section 1981 of the Civil Rights Act of 1866 — race discrimination victims must meet the burdensome “but-for” causation standard at the pleading stage instead of a more lenient “mixed motive” standard. ADL joined a coalition of civil rights organizations on an amicus brief arguing that the application of a “but-for” evidentiary standard would be inconsistent with the plain text, history and purpose of Section 1981. The brief discusses the continuing importance of Section 1981 - particularly for African Americans and other minorities - who continue to experience heightened discrimination. This case will clearly have far reaching ramifications for anyone bringing a claim for racial discrimination.