With the passage of Title VII of the Civil Rights Act of 1964,the Reconstruction Civil Rights Acts were no longer available as a means to pursue a claim of discrimination based on race.

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The three post-Civil War statutes are now codified as 42 U.S.C. sections 1981, 1983, and 1985 (together known as The Reconstruction Civil Rights Acts). They prohibit discrimination on the basis of race in making and enforcing contracts; prohibit the denial of civil rights on the basis of race by someone behaving as if they are acting on behalf of the government (called under color of state law); and prohibit concerted activity to deny someone their rights based on race. Sections 1981 and 1983 are the laws most frequently used in the employment setting if a claim is not brought using Title VII. Since Title VII is part of a comprehensive statutory scheme to prohibit race and other discrimination, it is the preferred method of enforcing employment discrimination claims.

With the Passage of Title VII of the Civil Rights