Saint Francis College v. Al-Khazraji

On 18 May 1987, the Supreme Court ruled on the case. In a unanimous decision, the Court affirmed the ruling of the court of appeals and allowed Al-Khazraji to proceed with his complaint. As had two previous courts before it, the Supreme Court first established that there was no "time bar" to Al-Khazraji's complaint, since the six-year statute of limitations applied in this instance. It then moved on to the merits of the case.

In his majority opinion, Justice White made three key determinations. First, he concurred with the ruling of the court of appeals that held that Congress had intended for its anti-discrimination legislation to encompass even those citizens who would be considered Caucasian under commonly accepted racial classification guidelines. After outlining the history and usage of the term "race" in Western culture, White concluded: "We have little trouble in concluding that Congress intended to protect from discrimination identifiable classes of persons who are subjected to intentional discrimination solely because of their ancestry or ethnic characteristics."

Next, White addressed the question of whether persons attempting to claim racial discrimination under Section 1981 must exhibit physical characteristics that single them out for identification--and by extension prejudice. To White, such visible differences were not necessary. "[A] distinctive physiognomy is not essential to qualify for 1981 protection," he wrote.

Finally, White established the criteria for filing a discrimination complaint under Section 1981 of the U.S. Code. "If respondent on remand can prove that he 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, he will have made out a case under 1981," White wrote.