As a public employee, the U.S. Constitution and civil rights laws afford you various protections in the workplace, including freedom from discrimination and harassment and the right to due process from your employer. When your public employer deprives you of your civil rights, Section 1983 under U.S. laws provides a cause of action for you to seek financial and equitable relief from your employer in a lawsuit. However, pursuing Section 1983 claims in the context of public employment can involve complex legal issues. Turn to an experienced employment law attorney from Mitchell & Sheahan, P.C., to learn more about your legal options. Contact us today for an initial case evaluation to discuss your rights under Section 1983.
Understanding Employment-Related Section 1983 Claims
In federal law, 42 U.S.C. s.1983 provides individuals with a cause of action against any party acting under color of state or federal law who deprives that individual of their civil rights. Section 1983 gives victims of civil rights violations the statutory mechanism to pursue relief from those violations in court.
Although Section 1983 claims typically arise when a government official violates a citizen’s civil rights, such as cases involving police brutality or First Amendment violations by municipal, state, or federal officials, public employees can also pursue Section 1983 claims against their government employers for violations of their civil rights. An employment-based Section 1983 claim will require a public employee to allege that another government official, such as a supervisor, manager, or appointed or elected official, violated the employee’s civil or constitutional rights in the workplace.
In public employment, Section 1983 claims frequently overlap with other employment law claims, including those under Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Family and Medical Leave Act, and the Age Discrimination in Employment Act.
Who May Bear Liability in a Section 1983 Claim?
Section 1983 only allows an individual to pursue a claim against a “person” acting under color of state or federal law. As a result, a public employee who suffers a deprivation of their civil rights at work may only pursue liability in a Section 1983 claim against natural persons acting under the government’s authority, such as public employees, agency officials, or elected officials. Conversely, courts have routinely held that state and federal governments or government agencies do not bear vicarious/employer liability for employees’ or officials’ actions in Section 1983 claims.
Governments and public agencies may bear liability in Section 1983 claims if an employee can prove that the government’s own actions violated the employee’s civil rights. Courts typically refer to this theory of liability as Monell liability. Proving that a public agency’s actions violated an employee’s civil rights requires showing that the agency had a policy or custom that deprived the employee of their civil rights. A policy or custom may include an express policy that deprives employees of their civil rights when enforced or a widespread practice that has become so well-settled and commonly enforced to become a de facto policy.
Common Types of Section 1983 Claims
Public employees may pursue Section 1983 claims for various types of civil rights violations, such as:
- Discrimination, harassment, and hostile work environment claims arising from protected characteristics such as race, color, national origin, religious beliefs, sex, gender, sexual orientation, age, disability, or pregnancy
- First Amendment free speech violations, although public employees have limited free speech protections in the workplace
- Substantive due process claims, including those arising from retaliatory actions by a public employer
- Procedural due process claims, including arbitrary or capricious discipline, receiving adverse employment action without notice, or denial of an opportunity to be heard before an employer takes adverse employment action
Compensation Available in a Section 1983 Claim
A public employee who experiences deprivation of their civil rights at work may pursue various kinds of relief in a Section 1983 claim. Common examples of legal relief available in employment-related Section 1983 claims include:
- Compensation for back pay resulting from an improper termination, demotion, transfer, or denial of raises or benefits
- Compensation for forward pay
- Compensation for lost benefits, including health insurance or pensions
- Compensation for emotional distress
- Injunctive relief, which may include reinstating the employee to their position, granting a pay raise or new employment benefits, or requiring the employer to change or update worker policies
Section 1983 Claims and Severance Agreements
In many cases, civil rights violations in public employment may occur in conjunction with efforts to remove a public employee from their position. Public employers frequently use severance agreements when seeking to separate a worker who may have discrimination or retaliation claims. These severance agreements may include provisions under which a worker agrees to release legal claims against the public agency, such as Section 1983 claims. In exchange, the public employer may agree to make a financial payment to the worker, refrain from providing negative referrals, or maintain the worker’s eligibility to seek future public employment.
However, public employees presented with a severance agreement as part of settlement negotiations should carefully review the terms to understand what rights they may waive by entering the severance agreement.
How Can an Attorney Help You?
When you have a potential Section 1983 claim, an attorney can help you protect your rights and interests by:
- Thoroughly investigating your case to recover all available evidence, such as emails, personnel records, official employer correspondence, and witness testimony
- Evaluating the evidence to determine your legal rights, including whether you may have Section 1983 or other claims
- Documenting your financial and personal losses
- Handling all aspects of your legal claim to ensure you receive your day in court
Contact Our Stratford Employment Lawyer to Discuss Your Legal Options
When you believe your government employer has violated your civil rights by forcing you out of your job through a severance agreement, you need experienced legal counsel to understand your rights and options. Contact Mitchell & Sheahan, P.C., today for a confidential consultation with an employment law attorney to learn more about protecting your interests.
Mitchell & Sheahan, based in Stratford, CT, also serves clients in Fairfield County, New Haven County, Greenwich, Danbury, White Plains, and New York.