Fray v. Omaha World Herald Co.

I believe that Georgianna Fray has stated a cause of action against The Omaha World Herald under 42 U.S.C. § 1981. I disagree with the majority on two counts: First, I cannot agree with the conclusion that section 101 of the Civil Rights Act of 1991 does not apply in this case; second, even if section 101 did not apply, I would hold that the job of mailroom apprentice for which Fray applied would have created a new and distinct relationship between Fray and the World Herald.

I

I turn first to the issue of whether the Civil Rights Act of 1991 should apply in this case. Fray brought this action…