Protecting the Civil Rights Act
One of the most important civil rights cases of the cycle will be presented to the United States Supreme Court on November 13th. Any ruling can set the precedent for future cases to follow suit.
Back Story
Media mogul, Byron Allen is suing Comcast because he alleges the corporation refused to broadcast his media channels on their network. He is suing them on the basis of racial discrimination that is protected by Section 1981 of the Civil Rights Act of 1886 which states, every citizen of the United States shall have an equal right to enforce contracts to any benefits afforded by the law, and to file suit against those who violate their rights. This section was included into the Civil Rights Act to provide equal opportunities for all freed slaves. The rights of people of color have been tested in other prominent court cases, including Shelley v. Kramer (1948), Brown v. Board of Education (1954), and Loving v. Virginia (1967) to name a few.
Arguments
Allen claims because he is Black and owns a Black media company, Comcast will not bind a contract with him.
Comcast states it made a business decision based on the interests of their viewers, and that race was not the factor.
Allen’s suit was rejected three times by a district court judge, who believed there was no plausible evidence of racial discrimination in the contract dispute with Comcast.
Eventually, the 9th Circuit Court of Appeals announced Allen only needed to prove racial discrimination played “a” factor and was not “the” factor to his claim.
The case will soon be presented to the US Supreme Court.
Importance
There is a lot at stake for victims of discrimination. It will be harder for victims to sue employers, landlords, and other businesses if the Supreme Court rules in favor of Comcast. It would force victims who are already disadvantaged to prove racial discrimination was the only factor in contract disputes. Thus, making it even more challenging for stories of victims to ever be heard, and to be provided the same opportunities as everyone else.
Letter of Support
Below, I wrote a letter to the Supreme Court to support and protect Section 1981 of the Civil Rights Act. These are more than just jobs and contracts. To people who feel marginalized and feel the trauma of discrimination, having equal and equitable opportunity means freedom, and hope to do and be whatever we seek out to be. We get to control our narratives and not have it steered by those who hold power.
Please sign your name in the form at the bottom of this piece. I will it include in the letter which will be sent to the US Supreme Court on Thursday. For a deeper dive into the case, I included the case briefing below. You will notice the members of the Congressional Black Caucus who signed onto the briefing to support the cause. If you do not see your representative, call their offices to ask them to sign onto the amici briefing.
Shout out to:
US Senate
Kamala Harris, Richard Blumenthal, Cory Booker, Ron Wyden
US House of Representatives
Karen Bass, Joyce Beatty, Yvette Clark, Barbara Lee, Donald Payne, Ayanna Pressley, Robert Scott
Dear Chief Justice Roberts,
I am writing on behalf of every marginalized person of color seeking employment and opportunities in the United States. The Comcast Corporation v. The National Association of African American-Owned Media case will appear in your court next Wednesday. The outcome of your decision will have critical implications for individuals facing discrimination in businesses.
Employers have leverage negotiating contracts with prospective employees. They determine a person’s role, hours, and pay. People of color have to stand out twice as hard as their white counterparts to dismantle stereotypes of being uneducated and lazy. While race is not the sole factor to disqualifying people of color from employment, it can play a factor because of the racial biases found in these tropes.
Being employed means more than receiving a paycheck. Having consistent employment can benefit self-esteem, value, and purpose in the world. When people are turned away from work because of their characteristics such as race and gender, it is unfair and morally wrong.
The conflict between the two parties in this case holds the fate for many others who faced discrimination in the work place and abroad. I urge you to hear the arguments and come in favor of protecting Section 1981 of the Civil Rights Act 1886. Too many people sacrificed their lives to ensure no one else would experience exclusion anywhere they go.
Below, you will find my name along with countless of others who hope to see you make the decisions to support the Civil Rights Act.
Respectfully,
Shaniyat Chowdhury
