The panel noted that its decision contradicts the Fifth Circuit’s 1986 decision in Chaiffetz v. Robertson Research Holding Ltd., which held that just because Section 1981 protects white people from race discrimination doesn’t mean it prohibits citizenship discrimination.
But the Ninth Circuit majority said that while race discrimination is indeed different from citizenship bias, “it is not different in any way that is relevant to the text of Section 1981.”
Ninth Circuit Revives Meta Hiring Bias Suit : Legal Precedents
“Nowhere does the statute ‘use the term “alien” to describe those to whom it extends protection,'” Judge Miller wrote, quoting an Arizona federal court’s 2010 decision in Jimenez v. Servicios Agricolas Mex Inc.
Instead, according to the opinion, Section 1981 guarantees that “all persons” will have the same right as white citizens to make and enforce contracts.
“Rajaram alleges that Meta has violated that guarantee by giving noncitizens a greater right than citizens to contract for employment,” Judge Miller wrote. “He has therefore stated a claim under Section 1981.”
Legal Representation
Representatives for the parties did not immediately respond to requests for comment Thursday. U.S. Circuit Judges Marsha S. Berzon, Eric D. Miller, and Lawrence VanDyke sat on the panel for the Ninth Circuit.
