In the case of Saint Francis College v. Al-Khazraji, the U.S. Supreme Court ruled in 1986 that a person could sue for racial discrimination under a federal law enacted shortly after the Civil War if they were discriminated against because their ancestry was from an identifiable class of persons who might be subject to societal prejudice and discrimination. The plaintiff, Bashir Al-Khazraji, an Iraqi-born U.S citizen and professor at St. Francis College alleged he was denied tenure due to his Arab heritage which constituted racial discrimination under Section 1981 of the Civil Rights Act of 1866 - a statute prohibiting race-based denial of rights enforceable by law. The college argued that Arabs are not considered a separate race but rather part of Caucasian or white race as per anthropological classifications hence cannot claim racial bias under this act. However, Justice Byron White writing for unanimous court held that it is not necessary for victim's group to constitute distinct 'race' in strict scientific sense; what matters is whether perpetrator treats them differently based on their birthplace or ancestors.

In the dissenting opinion for Saint Francis College et al. v. Al-Khazraji, Justice White argued that while he agreed with the majority's interpretation of 42 U.S.C §1981 to include claims based on Arab ancestry, he disagreed with their decision to remand the case back to lower courts for further proceedings. He believed that there was no need for additional fact-finding as it was clear from Al-Khazraji’s complaint and other court records that his claim fell within the scope of §1981 protection against racial discrimination. Therefore, according to Justice White, instead of remanding the case back down for unnecessary proceedings which would only delay justice being served, they should have reversed and remanded with instructions to reinstate respondent's §1981 claim.