San Francisco, CA, May 23, 2023 – Plaintiff-Appellant Purushothaman Rajaram completed briefing today in a Ninth Circuit appeal on the issue of whether 42 U.S.C. § 1981 covers citizenship discrimination claims against U.S. citizens.
Rajaram sued Meta (Facebook) for citizenship discrimination, alleging that Meta prefers to hire foreign visa workers rather than U.S. citizens for domestic roles. The U.S. Department of Justice previously found reasonable cause to believe that Meta had engaged in a pattern-or-practice of citizenship discrimination.
While the Supreme Court has recognized that Section 1981 applies to citizenship discrimination claims brought by non-U.S. citizens, courts are divided on whether it applies to citizenship discrimination claims brought by U.S. citizens.
Section 1981 provides, in relevant part, that “[a]ll persons within the jurisdiction of the United States shall have the same right . . . to make and enforce contracts . . . as is enjoyed by white citizens.” 42 U.S.C. § 1981(a). Courts have recognized that Section 1981 protects against discrimination on the basis of race or citizenship.
As Rajaram explained in his briefs, there are several reasons that Section 1981 should be interpreted to apply to U.S. citizens. First, the statute does not limit the categories of people who may bring suit on the basis of citizenship discrimination, but applies broadly to “[a]ll persons.”
Second, legislative history reflects that Congress intended Section 1981 to broadly protect “all persons” and “all citizens.”
Third, the Supreme Court previously ruled that identical language in Section 1981 meant that the statue prohibited reverse racial discrimination against whites, and the Court’s reasoning applies equally to reverse citizenship discrimination against citizens. McDonald v. Santa Fe Trail Transp. Co., 427 U.S. 273, 285-96 (1976).
Fourth, public policy favors applying Section 1981 to U.S. citizens, as a contrary interpretation would allow aliens to displace American workers.
Oral argument is set for October 4, 2023.
The parties’ briefs are linked here: Opening Brief; Opposition Brief; Reply Brief. The case is Rajaram v. Meta Platforms, Inc., No. 22-16870 (9th Cir.).