You raise a very important question. The trick here is to not bring two separate civil actions. If you bring your Section 1981 claim first, and it gets dismissed on the merits, it will collaterally estop you from asserting your Title VII claim. So, I recommend you (1) file your EEOC Charge, (2) request from the EEOC a Notice of Right to Sue, (3) file your Section 1981 Complaint before the SOL expires, (4) include your Title VII claims IF the EEOC has already issued a notice of right to sue, and if not, amend your complaint to add the Title VII claims after the EEOC issues the notice of right to sue. The goal here is to get both claims into the same civil action so the dismissal of one does not affect the merits of the other.
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