Thinket Ink Information Resources, Inc. v. Sun Microsystems, Inc.

In this appeal, we consider the question, inter alia, of whether a corporation has standing to commence an action under 42 U.S.C. § 1981 . We hold that if a corporation either suffers discrimination harm cognizable under § 1981, or has acquired an imputed racial identity, it is sufficiently within the statutory zone of interest to have prudential standing to bring an action under § 1981. We affirm the judgment of the district court in part, vacate in part, and remand.

I

Thinket Ink Information Resources, Inc. (“Thinket”) is a minority-owned technology services contractor certified by the United States Small Business Administration (“SBA”) as a firm owned and operated by socially and economically disadvantaged individuals, eligible to receive federal cpn-tracts under the SBA’s “Section 8(a)” business development program. 15 U.S.C. § 637 (a) (2000); 13 C.F.R. § 124 . Each of Thinket’s shareholders is an African-American, including plaintiff Ralph Jackson, who is the corporation’s majority shareholder.

In June 1992, Thinket began providing Sun Microsystems, Inc. (“Sun”) with systems support services at Sun’s facility in Fremont, California, contracting through individual purchase…