A private plaintiff can bring an action for employment discrimination under Section 1981 of the Civil Rights Act of 1866 without going through the procedural requirements of Title VII of the Civil Rights Act of 1964.

Question

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Section 1981 of the Civil Rights Act of 1866 provides an independent cause of action for race discrimination in employment, which is separate from Title VII of the Civil Rights Act of 1964. Private plaintiffs can bring an action under Section 1981 without going through the procedural requirements of Title VII. However, a plaintiff may choose to bring a claim under both Section 1981 and Title VII, but cannot recover for the same discrimination under both statutes.

A Private Plaintiff Can Bring an Action for Employment Discrimination