The line between national origin discrimination and race discrimination is often not clear. In Saint Francis College v. Al-Khazraji, 481 U.S. 604, 614 (1987), the Supreme Court held that persons belonging to a distinct ethnic subgroup, like Arabs, are indeed protected under 42 U.S.C. § 1981. The Court held that a plaintiff could make out a § 1981 claim by proving that the plaintiff was subjected to intentional discrimination “based on the fact that he was born an Arab, rather than solely on
the place or nation of his origin, or his religion.” Saint Francis Coll.,
481 U.S. at 613. The Court stated, however, that “the line between discrimination based on ‘ancestry or ethnic characteristics’ and discrimination based on ‘place or nation of . . . origin’ is not a bright one.” Id. at 614 (citations omitted) (Brennan, J., concurring). Thus, although § 1981 does not prohibit discrimination based on national origin, race-based discrimination for the purposes of § 1981 includes discrimination...
