Section 1983 of the Civil Rights Act does not provide a specific right, such as the right to be free from employment harassment or discrimination like other portions of the Civil Rights Act. However, your Costa Mesa employment lawyer can explain that it provides the avenue in which injured individuals can seek remedies at law and in equity if their federal rights have been violated.
About the Section
The right to sue for redress under this section applies when a person’s fundamental rights have been violated, such as those provided for under the First Amendment or the Equal Protection Clause of the Fourteenth Amendment. Case law has interpreted this section to prohibit employment discrimination in the government. This section can’t be used to enforce other statutes that prohibit discrimination on the federal law, such as Title VII or the ADEA. These statutes have specific remedies and provisions related to the right of a cause of action.
Parties under Section 1983
Your Costa Mesa employment lawyer can explain that this section only applies to certain defendants. This group includes local governments, officials and municipalities. States and state agencies are precluded from coverage. It does not usually include private employers. Section 1983 is based on a color of state law violation. Therefore, it does not apply to federal government or federal officials in their individual capacities. However, a person can sue a federal official in his or her official capacity when the individual acts under the color of state law.
If you would like to know if Section 1983 applies to your case, contact a Costa Mesa employment attorney from Daily Aljian LLP by calling (949) 861-2524.