Whether general common law principles of respondeat superior apply to hold an employer liable for an employee's tortious acts under 42 U.S.C. § 1981

QUESTION PRESENTED 42 U.S.C. § 1981 guarantees that “[a]ll persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts ... as is enjoyed by white citizens.” A direct conflict exists among federal courts of appeals as to when, and under what circumstances, an employer can be held responsible under § 1981 for the acts of an employee. This case squarely presents the following question: Whether general common law principles of respondeat superior apply to hold an employer liable for an employee’s tortious acts under 42 U.S.C. § 1981.