Facts of the Case

Al-Khazraji, a professor and U.S. citizen born in Iraq, filed suit against his former employer and its tenure committee for denying him tenure on the basis of his Arabian race in violation of 42 U.S.C. Section 1981. The District Court held that while Al-Kharzraji had properly alleged racial discrimination, the record was insufficient to determine whether he had been subjected to prejudice.

Question

Did 42 U.S.C. Section 1981 apply to Arab minorities?

Conclusion

Yes. The Court held that persons of Arabian ancestry were protected from racial discrimination under Section 1981. Writing for a unanimous Court, Justice Byron R. White maintained that section 1981 encompassed discrimination even among Caucasians. Justice White noted that history did not support the claim that Arabs and other present-day "Caucasians" were considered to be a single race for the purposes of section 1981. Justice William J. Brennan, Jr., in a separate concurrence, added that "Pernicious distinctions among individuals based solely on their ancestry are antithetical to the doctrine of equality upon which this nation is founded."