NSBA Legal Clips
Archived entries for section 1981

Federal appellate court rules that claim of institutional racism was insufficient to prove pretext for employee’s termination, and rejects cat’s paw theory of liability

A three-judge panel of the U.S. Court of Appeals for the Tenth Circuit has ruled that a former elementary school principal has failed to prove that a Colorado school district discriminated against her on the basis of race/ethnicity when it terminated her for insubordination.

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Federal appellate court upholds constitutionality of Pennsylvania district’s use of racial demographics in developing redistricting plan

Student Doe 1 v. Lower Merion Sch. Dist., No. 10-3824 (3d Cir. Dec. 14, 2011) Abstract: A three-judge panel of the U.S. Court of Appeals for the Third Circuit (PA, NJ, DE, VI), with one judge filing a concurring opinion, has ruled that a Pennsylvania school district’s redistricting plan that makes use of racial demographics does [...]

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School district’s use of racial demographics in developing redistricting plans did not violate African-American students’ Title VI, section 1981 or equal protection rights

A federal district court in Pennsylvania has ruled that a school district’s use of racial demographics to redraw the attendance zones for its two high schools did not violate African-American students’ rights under section 1981, Title VI of the Civil Rights Act of 1964 or the Fourteenth Amendment’s Equal Protection Clause.

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