Uber and Postmates are waiving delivery fees for black restaurants, reports the Free Beacon. This is an obvious violation of the federal law banning racial discrimination in contracts, 42 U.S.C. 1981. Uber and Postmates are discriminating against restaurants based on the race of their owners. Restaurants that are not black-owned could easily bring a class action lawsuit against Uber under Section 1981, seeking many millions of dollars in damages.

The Supreme Court has ruled that excluding whites from a benefit based on their race violates this law, even when the exclusion is not total, but rather just gives minorities a quota, or awards them a substantial bonus for being black. For example, it ruled that racial discrimination in college admissions violated Section 1981, as well as Title VI of the Civil Rights Act and the Constitution, when it was committed by a university that automatically awarded black and Hispanic applicants a large number of bonus points for being minorities. (See Gratz v. Bollinger, 539 U.S. 244, 276 n.23 (2003)).