Sanders v. Dobbs Houses, Inc.

CLARK, Circuit Judge:

In 1968, the Supreme Court resurrected § 1 of the Civil Rights Act of 1866 [now 42 U.S.C.A. §§ 1981 and 1982 (1970)] and held the portion of the original act which now appears as 42 U. S.C.A. § 1982 barred racial discrimination by private individuals in the sale or rental of property.1 The quickening of this statutory Lazarus necessarily revived the congressional prohibition against purely private racial discrimination in contracts of employment. This prohibition against private discriminatory practices, now codified as 42 U.S.C.A. § 1981, had laid dormant in a tomb of…