Source: cases/42usc1981/f3d-923-1246-lambert-v-tesla.case
Case source: https://www.neochart.com/catalog/cases/f3d/volume_923/1246_01/index.html
Because the unambiguous language of § 118 applies to § 1981, and the statutory purpose of § 1981 does not evince a preclusion of arbitrability, Gilmer and Luce, Forward compel our conclusion: § 1981 claims can be subjected to compulsory arbitration.
We therefore conclude that the district court correctly determined that § 1981 claims can be subjected to compulsory arbitration.
casedsl 1.2 # author: Flash2 (gemini-3.8-flash-high) # triaged-by: Fable (2026-11-10) case /f3d/923/1246-01 name Lambert v. Tesla, Inc. cite 923 F.3d 1246 (2019) # IR court field says: United States Court of Appeals for the Ninth court United States Court of Appeals for the Ninth Circuit date 2019-05-17 url catalog/cases/f3d/volume_923/1246_01/index.html source ir/caselaw/f3d_923.jsonl sha1=31d43ea0187ed33dadd5b294ed5ed5c30b678f60 chars=21316 opinion maj : majority by Smith @0..17231 controlling opinion conc : concurrence by Thomas @17231..21316 law 42usc1981 role background posture civil; employee's Section 1981 suit alleging racial harassment, discrimination and retaliation; order compelling arbitration under the employment contract's arbitration clause affirmed (9th Cir.); the only question decided is whether Section 1981 claims are arbitrable result not-decided ? other: result is not-decided because no Section 1981 claim or element was adjudicated; the plaintiff lost the appeal (arbitration compelled) element remedies : not-reached scope procedural route _procedural pattern compulsory-arbitration-of-section-1981-claims-under-section-118-of-the-1991-act rule @12664..12913 | Because the unambiguous language of § 118 applies to § 1981, and the statutory purpose of § 1981 does not evince a preclusion of arbitrability, Gilmer and Luce, Forward compel our conclusion: § 1981 claims can be subjected to compulsory arbitration. held @13994..14123 | We therefore conclude that the district court correctly determined that § 1981 claims can be subjected to compulsory arbitration. gloss A forum ruling, not a ruling on any remedy or element: Section 1981 claims may be sent to arbitration under an employment arbitration clause. Chief Judge Thomas concurs because bound by Luce, Forward, which he considers wrongly decided. ? other: the law file declares no element for forum / arbitrability; remedies is only the nearest hook