What is the test for discrimination under Section 1981 of the Federal Trade Commission Act?

Section 1981 "outlaws discrimination with respect to the enjoyment of benefits, privileges, terms and conditions of a contractual relationship, such as employment," Patterson v. Cnty. of Oneida, N.Y., 375 F.3d 206, 224 (2d Cir. 2004); it reads, in relevant part, as follows:

42 U.S.C. 1981(a). To establish a claim under 42 U.S.C. 1981(a), a plaintiff must show "(1) that []he is a member of a racial minority; (2) an intent to discriminate on the basis of race by the defendant; and (3) that the discrimination concerned one or more of the activities enumerated in 1981." Lauture v. IBM, 216 F.3d 258, 261 (2d Cir. 2000).¹ A plaintiff's efforts to establish the

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second element of a 1981 claim are subject to the same burden-shifting analysis as intentional discrimination claims brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. See Gant ex rel. Gant v. Wallingford Bd. of Educ., 195 F.3d 134, 146 (2d Cir. 1999).