3-D | WHAT IS THE BASIS OF DISCRIMINATION PROHIBITED BY SECTION 1983?

Section 1983 does NOT create federal rights. Rather, it is used to enforce already existing federal rights, such as:

1) Equal protection/right to be free from racial and gender discrimination, including sexual harassment. Burlington Indus. v. Ellerth, 524 U.S. 742 (1998); Faragher v. City of Boca Raton, 524 U.S. 775 (1998). Courts have held that Title VII does not foreclose a Section 1983 claim for the same conduct.

2) Freedom of speech

a) Where a private sector employee is retaliated against for advocating certain issues, that retaliation may give rise to Section 1983 claim.

b) A public employee’s speech protection and whether he/she has been retaliated against for that speech is controlled by Pickering v. Board of Education, 391 U.S. 563 (1968).

3) Due process of law is analyzed on a case by case basis.

American Bar Association // Section of Labor and Employment Law
Equal Employment Opportunity Committee // EEO Law Basics // Spring 2006

Congratulations! You're now booked up on Item 3-D from the American Bar Association's official handbook on EEO Law Basics!

Please get the justice you deserve.

Sincerely,

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