suggesting that discrimination on the basis of skin color is racial discrimination without regard to any scientific distinction between races
How later courts described this case
- suggesting that discrimination on the basis of skin color is racial discrimination without regard to any scientific distinction between races
- dismissal of section 1981 claim brought by a Mexican-American was improper because "prejudice towards those of Mexican descent having a skin color not characteristically Caucasian must be said to be racial prejudice under Sec. 1981"
- permitting claim by Mexican-American under Sec. 1981 where allegation of discrimination because of brown skin color
- permitting claim by Mexican-American under § 1981 where allegation of discrimination because of brown skin col- or
Written by the judges who cited it.
The opinion
JAMES M. BURNS, District Judge,
concurring and dissenting.
As to the Title VII claim, I agree completely. As I am unable to agree with the opinion as to the § 1981 claim, I respectfully dissent as to that part of the opinion.