The Civil Rights Act of 1866, originally intended to safeguard the economic rights of newly freed slaves, is now at the forefront of a legal battle over workplace diversity programs and funding for minority-owned businesses. Section 1981 of the act, designed to prevent economic exclusion of Black Americans, is being employed by groups like the American Alliance for Equal Rights to challenge equity policies. This marks a significant shift in the application of a law deeply rooted in America’s post-Civil War era.
A Strategic Legal Shift
The recent focus on Section 1981 reflects a broader strategy by conservative activists to influence racial considerations in employment and business funding. The tactic gained momentum following the U.S. Supreme Court’s decision to end affirmative action in college admissions. Notably, the American Alliance for Equal Rights, led by Edward Blum, a prominent figure in challenging affirmative action, has leveraged this section against companies like Progressive and Pfizer. The case against the Fearless Fund, a venture capital fund supporting women of color, exemplifies this new legal approach.
Implications for the Future
The increasing reliance on Section 1981 raises questions about the future of workplace diversity initiatives and the broader interpretation of civil rights laws. This legal trend, underscored by cases against renowned corporations and educational institutions, signals a shift in how racial equity is addressed in America’s corporate and legal landscapes. As these cases continue to unfold, they will undoubtedly shape the national conversation on diversity, equity, and the enduring legacy of civil rights legislation.