Civil Rights and 1983 Claims

Civil Rights and 1983 Claims





Civil Rights Act of 1866 & Civil Rights Act of 1871 - CRA - 42 U.S. Code 21 §§1981, 1981A, 1983, & 1988

42 USC CHAPTER 21 - CIVIL RIGHTS


TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 21 - CIVIL RIGHTS



Sec.                                                     

1981.       Equal rights under the law.                       

1981a.      Damages in cases of intentional discrimination in employment

1983.       Civil action for deprivation of rights.           

1988.       Proceedings in vindication of civil rights.     


Sec. 1981. Equal rights under the law

    (a) Statement of equal rights

      All persons within the jurisdiction of the United States shall

    have the same right in every State and Territory to make and

    enforce contracts, to sue, be parties, give evidence, and to the

    full and equal benefit of all laws and proceedings for the security

    of persons and property as is enjoyed by white citizens, and shall

    be subject to like punishment, pains, penalties, taxes, licenses,

    and exactions of every kind, and to no other.

    (b) "Make and enforce contracts" defined

      For purposes of this section, the term "make and enforce

    contracts" includes the making, performance, modification, and

    termination of contracts, and the enjoyment of all benefits,

    privileges, terms, and conditions of the contractual relationship.

    (c) Protection against impairment

      The rights protected by this section are protected against

    impairment by nongovernmental discrimination and impairment under

    color of State law.



Sec. 1981a. Damages in cases of intentional discrimination in

      employment

    (a) Right of recovery

      (1) Civil rights

        In an action brought by a complaining party under section 706

      or 717 of the Civil Rights Act of 1964 [42 U.S.C. 2000e-5,

      2000e-16] against a respondent who engaged in unlawful

      intentional discrimination (not an employment practice that is

      unlawful because of its disparate impact) prohibited under

      section 703, 704, or 717 of the Act [42 U.S.C. 2000e-2, 2000e-3,

      2000e-16], and provided that the complaining party cannot recover

      under section 1981 of this title, the complaining party may

      recover compensatory and punitive damages as allowed in

      subsection (b) of this section, in addition to any relief

      authorized by section 706(g) of the Civil Rights Act of 1964,

      from the respondent.

      (2) Disability

        In an action brought by a complaining party under the powers,

      remedies, and procedures set forth in section 706 or 717 of the

      Civil Rights Act of 1964 [42 U.S.C. 2000e-5, 2000e-16] (as

      provided in section 107(a) of the Americans with Disabilities Act

      of 1990 (42 U.S.C. 12117(a)), and section 794a(a)(1) of title 29,

      respectively) against a respondent who engaged in unlawful

      intentional discrimination (not an employment practice that is

      unlawful because of its disparate impact) under section 791 of

      title 29 and the regulations implementing section 791 of title

      29, or who violated the requirements of section 791 of title 29

      or the regulations implementing section 791 of title 29

      concerning the provision of a reasonable accommodation, or

      section 102 of the Americans with Disabilities Act of 1990 (42

      U.S.C. 12112), or committed a violation of section 102(b)(5) of

      the Act, against an individual, the complaining party may recover

      compensatory and punitive damages as allowed in subsection (b) of

      this section, in addition to any relief authorized by section

      706(g) of the Civil Rights Act of 1964, from the respondent.

      (3) Reasonable accommodation and good faith effort

        In cases where a discriminatory practice involves the provision

      of a reasonable accommodation pursuant to section 102(b)(5) of

      the Americans with Disabilities Act of 1990 [42 U.S.C.

      12112(b)(5)] or regulations implementing section 791 of title 29,

      damages may not be awarded under this section where the covered

      entity demonstrates good faith efforts, in consultation with the

      person with the disability who has informed the covered entity

      that accommodation is needed, to identify and make a reasonable

      accommodation that would provide such individual with an equally

      effective opportunity and would not cause an undue hardship on

      the operation of the business.

    (b) Compensatory and punitive damages

      (1) Determination of punitive damages

        A complaining party may recover punitive damages under this

      section against a respondent (other than a government, government

      agency or political subdivision) if the complaining party

      demonstrates that the respondent engaged in a discriminatory

      practice or discriminatory practices with malice or with reckless

      indifference to the federally protected rights of an aggrieved

      individual.

      (2) Exclusions from compensatory damages

        Compensatory damages awarded under this section shall not

      include backpay, interest on backpay, or any other type of relief

      authorized under section 706(g) of the Civil Rights Act of 1964

      [42 U.S.C. 2000e-5(g)].

      (3) Limitations

        The sum of the amount of compensatory damages awarded under

      this section for future pecuniary losses, emotional pain,

      suffering, inconvenience, mental anguish, loss of enjoyment of

      life, and other nonpecuniary losses, and the amount of punitive

      damages awarded under this section, shall not exceed, for each

      complaining party - 

          (A) in the case of a respondent who has more than 14 and

        fewer than 101 employees in each of 20 or more calendar weeks

        in the current or preceding calendar year, $50,000;

          (B) in the case of a respondent who has more than 100 and

        fewer than 201 employees in each of 20 or more calendar weeks

        in the current or preceding calendar year, $100,000; and

          (C) in the case of a respondent who has more than 200 and

        fewer than 501 employees in each of 20 or more calendar weeks

        in the current or preceding calendar year, $200,000; and

          (D) in the case of a respondent who has more than 500

        employees in each of 20 or more calendar weeks in the current

        or preceding calendar year, $300,000.

      (4) Construction

        Nothing in this section shall be construed to limit the scope

      of, or the relief available under, section 1981 of this title.

    (c) Jury trial

      If a complaining party seeks compensatory or punitive damages

    under this section - 

        (1) any party may demand a trial by jury; and

        (2) the court shall not inform the jury of the limitations

      described in subsection (b)(3) of this section.

    (d) Definitions

      As used in this section:

      (1) Complaining party

        The term "complaining party" means - 

          (A) in the case of a person seeking to bring an action under

        subsection (a)(1) of this section, the Equal Employment

        Opportunity Commission, the Attorney General, or a person who

        may bring an action or proceeding under title VII of the Civil

        Rights Act of 1964 (42 U.S.C. 2000e et seq.); or

          (B) in the case of a person seeking to bring an action under

        subsection (a)(2) of this section, the Equal Employment

        Opportunity Commission, the Attorney General, a person who may

        bring an action or proceeding under section 794a(a)(1) of title

        29, or a person who may bring an action or proceeding under

        title I of the Americans with Disabilities Act of 1990 [42

        U.S.C. 12111 et seq.].

      (2) Discriminatory practice

        The term "discriminatory practice" means the discrimination

      described in paragraph (1), or the discrimination or the

      violation described in paragraph (2), of subsection (a) of this

      section.



Sec. 1983. Civil action for deprivation of rights

      Every person who, under color of any statute, ordinance,

    regulation, custom, or usage, of any State or Territory or the

    District of Columbia, subjects, or causes to be subjected, any

    citizen of the United States or other person within the

    jurisdiction thereof to the deprivation of any rights, privileges,

    or immunities secured by the Constitution and laws, shall be liable

    to the party injured in an action at law, suit in equity, or other

    proper proceeding for redress, except that in any action brought

    against a judicial officer for an act or omission taken in such

    officer's judicial capacity, injunctive relief shall not be granted

    unless a declaratory decree was violated or declaratory relief was

    unavailable. For the purposes of this section, any Act of Congress

    applicable exclusively to the District of Columbia shall be

    considered to be a statute of the District of Columbia.



Sec. 1988. Proceedings in vindication of civil rights

    (a) Applicability of statutory and common law

      The jurisdiction in civil and criminal matters conferred on the

    district courts by the provisions of titles 13, 24, and 70 of the

    Revised Statutes for the protection of all persons in the United

    States in their civil rights, and for their vindication, shall be

    exercised and enforced in conformity with the laws of the United

    States, so far as such laws are suitable to carry the same into

    effect; but in all cases where they are not adapted to the object,

    or are deficient in the provisions necessary to furnish suitable

    remedies and punish offenses against law, the common law, as

    modified and changed by the constitution and statutes of the State

    wherein the court having jurisdiction of such civil or criminal

    cause is held, so far as the same is not inconsistent with the

    Constitution and laws of the United States, shall be extended to

    and govern the said courts in the trial and disposition of the

    cause, and, if it is of a criminal nature, in the infliction of

    punishment on the party found guilty.

    (b) Attorney's fees

      In any action or proceeding to enforce a provision of sections

    1981, 1981a, 1982, 1983, 1985, and 1986 of this title, title IX of

    Public Law 92-318 [20 U.S.C. 1681 et seq.], the Religious Freedom

    Restoration Act of 1993 [42 U.S.C. 2000bb et seq.], the Religious

    Land Use and Institutionalized Persons Act of 2000 [42 U.S.C.

    2000cc et seq.], title VI of the Civil Rights Act of 1964 [42

    U.S.C. 2000d et seq.], or section 13981 of this title, the court,

    in its discretion, may allow the prevailing party, other than the

    United States, a reasonable attorney's fee as part of the costs,

    except that in any action brought against a judicial officer for an

    act or omission taken in such officer's judicial capacity such

    officer shall not be held liable for any costs, including

    attorney's fees, unless such action was clearly in excess of such

    officer's jurisdiction.

    (c) Expert fees

      In awarding an attorney's fee under subsection (b) of this

    section in any action or proceeding to enforce a provision of

    section 1981 or 1981a of this title, the court, in its discretion,

    may include expert fees as part of the attorney's fee.




This information is not all inclusive, and because of the ever-changing nature of the law, is not guaranteed to be accurate.  For more information, or a review of your case, please contact Ascheman & Smith for your free review.  Law@AschemanSmith.com 612-217-0077

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