Book contents
- Diversity Judgments
- Diversity Judgments
- Copyright page
- Dedication
- Contents
- Preface
- Acknowledgments
- Introduction
- Part I Asian Americans
- Part II African Americans
- Part III Women
- Part IV Latinx
- Part V Native Americans
- Part VI LGBTQ
- Part VII Intersectionality
- Part VIII Outsiders v. Outsiders
- Part IX White Males
- 19 McDonald v. Santa Fe Trail Transportation Co. (Employment Discrimination)
- 20 City of Atlanta v. Rolfe (Law Enforcement)
- Part X Situational Outsiders
- Index
19 - McDonald v. Santa Fe Trail Transportation Co. (Employment Discrimination)
from Part IX - White Males
Published online by Cambridge University Press: 10 March 2022
- Diversity Judgments
- Diversity Judgments
- Copyright page
- Dedication
- Contents
- Preface
- Acknowledgments
- Introduction
- Part I Asian Americans
- Part II African Americans
- Part III Women
- Part IV Latinx
- Part V Native Americans
- Part VI LGBTQ
- Part VII Intersectionality
- Part VIII Outsiders v. Outsiders
- Part IX White Males
- 19 McDonald v. Santa Fe Trail Transportation Co. (Employment Discrimination)
- 20 City of Atlanta v. Rolfe (Law Enforcement)
- Part X Situational Outsiders
- Index
Summary
Two federal statutes that provide federal protection against employment discrimination figure prominently in this case. Both involve both of our presidents named Johnson. The first statute, popularly known as “Section 1981,” is a codification of section 1 of the Civil Rights Act of 1866. This Act was passed into law over a veto by President Andrew Johnson. At the time McDonald was decided in 1976, Section 1981 provided as follows: “All person[s] … shall have the same right to make and enforce contracts … as is enjoyed by white citizens.” Approximately 100 years later, the other Johnson, President Lyndon B. Johnson, signed into law Title VII of the Civil Rights Act of 1964, still the most sweeping federal employment discrimination statute ever enacted. Title VII prohibits employers from discriminating “on the basis of sex, race, color, national origin, and religion.”
- Type
- Chapter
- Information
- Diversity JudgmentsDemocratizing Judicial Legitimacy, pp. 459 - 478Publisher: Cambridge University PressPrint publication year: 2022