What does Section 1981 of the federal Civil Rights Act of 1866 primarily prohibit?

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Section 1981 of the federal Civil Rights Act of 1866 primarily prohibits discrimination in the making and enforcement of contracts. This section was enacted to ensure that all persons have the same right to make and enforce contracts regardless of race or color. It specifically addresses issues around contractual agreements, stating that individuals cannot be denied the same rights to make contracts as enjoyed by white citizens, and it provides a federal remedy for individuals who face discrimination in this area.

This focus on contracts is significant because it establishes a foundational protection in the realm of economic opportunity and equality, reinforcing that racial discrimination is not only a social wrong but also impacts the ability of individuals to conduct business and enter into agreements. In doing so, it aims to promote fairness in economic interactions and uphold the principle of equality under the law.

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