Civil Rights Act of 1871
10 July 2006Civil Rights Act of 1871, 42 U.S.C. §1983
Coverage and Prohibition: Section 1983 protects public employees from discriminatory employment actions that deprive them of any federal or constitutional right. It was passed to carry out the purposes of the Fourteenth Amendment and prohibits “persons” acting under the “color of any statute, ordinance, regulation, custom, or usage” of any state from depriving any individual of “any rights, privileges, or immunities” provided by the U.S. Constitution or law. Generally, employers that are part of the state government system, such as a state agency or local government, act under color of state law.
Managers and supervisors of federal, state, or local government entities may be personally liable for claims under the Act. A private employer also may be considered to be acting under color of state law, and therefore subject to the requirements of Section 1983, when it acts in conjunction with a state or local government agency; when it is subject to extensive regulation by the state; or when it performs functions that are traditionally viewed as public functions.
Enforcement and Remedies: The enforcement procedures and available remedies are the same as provided for Section 1981, under the Civil Rights Act of 1866 (see above).
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