Hiring Practices Attorney | Mitchell, Sheahan & Slippen, P.C.

State and local governments and their employees are required to treat citizens fairly by following certain federal laws and regulations concerning the hiring process. The centerpiece of this legal framework is 42 U.S. Code § 1983, commonly referred to as Section 1983. This law protects applicants during the hiring process by allowing them to bring claims of civil rights violations against state actors.

If you applied for a job with a state or local government and you believe you were treated unfairly based on your race, sex, or another protected category, you may seek monetary compensation. It starts with retaining a law firm that has experience handling your type of case and understands how to advocate for your rights. That firm is Mitchell, Sheahan & Slippen, P.C.

What to Know About Section 1983

Section 1983 does not, itself, create any new federal civil rights protections; rather, this important law allows an individual to take legal action if their other rights were violated. A Section 1983 case arises when state or local government employees and others acting under color of law infringe upon an individual’s civil rights. Put another way, Section 1983 is a legal tool that allows one to enforce already existing civil rights protections.

This law imposes certain restrictions upon state and local governments, their employees, and anyone acting under color of law (meaning, acting with the authority or apparent authority of the government). An aggrieved individual can sue the government if one of these parties has done something to violate a civil right that exists under the Constitution or federal law. Two key points that a plaintiff must demonstrate in a Section 1983 lawsuit are:

That someone in the government subjected the plaintiff to conduct that occurred under color of law
That said conduct deprived the plaintiff of a right, privilege, or immunity that is guaranteed under the U.S. Constitution or federal law

Who Can Be a Defendant in a Section 1983 Claim?

Plaintiffs can sue employees and agents of local and municipal governments (e.g. cities and towns) in both their personal and official capacities. Meanwhile, plaintiffs can only sue state government employees personally. Also, a plaintiff may name a local or municipal government as a defendant under Section 1983, but not a state or the federal government itself.

The plaintiff may also file a lawsuit against a private individual for violating Section 1983. However, this is where it becomes important to know more about the concept of color of law.

Understanding “Color of Law”

The phrase color of law is something with which most individuals may not be familiar, but it’s essential to a proper understanding of Section 1983 claims. This phrase does not mean simply that someone is employed by the government; rather, a person does not need to be an employee of the government to act under color of law. Conversely, just because someone is a government employee does not mean they are necessarily acting under color of law.

This legal term refers to a person who, first, exercises authority that the government granted to them. Second, the person in question must take an action that gives the appearance that the government gave them the authority to do so. This is true even if the person is abusing their authority.

Federally Protected Classes

Section 1983 relates to civil rights protections under the Constitution or federal law. The individuals who are covered by these constitutional and statutory provisions are members of what are known as protected classes. Among these classes are:

Race
Color
Religion
Sex (e.g. gender identity, sexual orientation, and pregnancy)
National origin
Age
Disability
Genetic information

In other words, if a party such as a state government discriminates or otherwise violates the rights of an individual based on one of these classes, they could be named as a defendant in a Section 1983 lawsuit.

How Section 1983 Relates to Hiring Practices

It’s important to keep in mind that Section 1983 only provides a means for an individual to enforce already existing civil rights protections; it does not create new rights. And the defendant in question must be a state or local actor engaged in action with the authority or apparent authority of the government, or a local government itself.

Insofar as the hiring process is concerned, there are many ways that a defendant can violate an applicant’s civil rights. These include:

Refusing to provide an application or interview based on a protected class: If the defendant refuses to provide an application or conduct an interview of a candidate based on race or another protected class, the applicant may sue them. Proving that a defendant’s conduct was based on discriminatory intent is challenging, so reach out to our dedicated legal team if you have questions about it.
Asking inappropriate questions: Job interviewers must avoid asking certain questions that relate to the above-named protected classes. Examples include questions about the applicant’s marital or citizenship status. Asking about age may be appropriate if it is to determine that the applicant is at least 18 years old.
Misusing background checks: Employers typically conduct background checks on job applicants to ensure the individual meets the necessary qualifications and to check their criminal history. In doing so, employers must abide by the notice, consent, disclosure, and other requirements of the Fair Credit Reporting Act (FCRA).
Basing hiring decisions on stereotypes: Using stereotypes to determine whether someone is hired or not, when such assumptions are based on the applicant’s protected class, is also illegal. For instance, assuming that an otherwise qualified person cannot do the job simply because they have a disability is improper.
Inappropriate testing: If the employer requires applicants to take a test, it must be relevant to the job and not used as a means to inappropriately disqualify someone. Some tests are clearly designed to exclude persons based on factors that are not reasonably related to the job.
Refusing to provide reasonable accommodation: If a disabled job applicant needs an accommodation (e.g. sign language interpreter) to apply, the employer must provide it. An exception would be if the accommodation causes the employer significant difficulty or cost.

Damages Available In a Section 1983 Lawsuit

A successful Section 1983 plaintiff can request both compensatory and punitive damages. Compensatory damages compensate the plaintiff for losses suffered because of the defendant’s conduct, while punitive damages are intended to punish prohibited hiring practices. The plaintiff can also request attorney’s fees and court costs to cover litigation expenses.

Contact Our Hiring Practices Attorney

If you believe a state or local government or official treated you unfairly during the hiring process, it’s time to retain legal counsel. Reach out to Mitchell, Sheahan & Slippen, P.C. We can review your case and advise you of your legal options today.