In response to the Patterson decision Congress passed the Civil Rights Act of 1991. In actions under Section 1981, a court must ascertain the analogous underlying cause of action under state law and apply the applicable statute of limitations. There is no requirement to file with the EEOC or administrative agencies before instituting a Section 1981 action in court. There is no requirement for a minimum number of employees.
State courts have concurrent jurisdiction with federal district courts.
The caps placed on compensatory damages do not apply in a Section 1981 claim. Attorney s Fees may be awarded to the prevailing party. There are no caps on punitive damages in a Section 1981 claim. Injunctive relief is available when there is an intentional discriminatory employment practice. For instance, an employee can be reinstated and an employer can be ordered to prevent future discrimination.