Comcast v. National Association of African American Owned Media and Entertainment Studios Network
What's at Stake
Whether a claim of race discrimination under 42 U.S.C. § 1981 fails in the absence of but-for causation.
The case arises from a suit filed by the National Association of African American-Owned Media and Black-owned Entertainment Studios Networks, Inc. (ESN) against Comcast, alleging that Comcast refused a contract with ESN due to racial discrimination. They sued Comcast for violation of Section 1981, which prohibits racial discrimination in employment, banking, consumer and business transactions, and other economic relationships involving contracts. Our brief argues that requiring plaintiffs to present facts showing that a defendant employer’s racial discrimination was a “but-for” cause of the plaintiff’s injury makes it more difficult to hold entities engaged in discrimination accountable for their actions.
The ACLU signed on to the amicus curiae brief authored by the NAACP Legal Defense and Educational Fund for Comcast v. National Association of African-American Owned Media.