Press Releases

The Congressional Black Caucus issued the following statement in response to Comcast Corp. V. National Association of African American-Owned Media (NAAOM), which is currently pending before the Supreme Court of the United States.

“The Congressional Black Caucus (CBC) is deeply disappointed and concerned by this case because it would upend a seminal civil rights statute passed during Reconstruction to root out all racial discrimination in contracting. Section 1981 of the Civil Rights Act of 1866 was passed to ensure that newly freed slaves were afforded the same opportunities as their white counterparts in contract formation.

“The reach of Section 1981 cannot be understated. It applies not only to government-sponsored discrimination, but also to private discrimination, including in the employment, housing, lending, and retail contexts. Companies are prohibited from discrimination on the basis of race, color, and ethnicity when making and enforcing contracts. 

“Comcast Corp. V. National Association of African American-Owned Media (NAAOM) has the potential to make it much harder for those facing discrimination to seek legal recourse by requiring “but-for” causation. This requires the plaintiff to prove the adverse outcome would not have occurred “but for” discrimination on the part of the defendant. This heightened standard would close the courthouse doors to many litigants and rob them of their opportunity to have their matter heard by the courts.

“It cannot be ignored that African Americans and other marginalized groups are currently experiencing heightened levels of discrimination and bigotry in our country. The Congressional Black Caucus will continue to monitor this case very closely and remain true to our commitment to preserving our nation's civil rights laws.”