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Labor and Employment Law
Copyright 2017, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

4-106 Labor and Employment Law 106.syn


Section 1983


N. Peter Lareau;Lex K. Larson;Jonathan R. Mook;David L. Bacon;David W. Tucker;Darrell R. VanDeusen;Jeffrey L. Hirsch;Tim Bornstein;Ann Gosline;and Marc Greenbaum.

Chapter Summary


This chapter, Section 1983, covers the Civil Rights Act of 1871, 42 U.S.C. §1983, which affords a remedy to all persons who have been deprived of rights, privileges, or immunities secured by the Constitution and laws by persons acting under color of state law.

Specifically, the chapter introduces Section 1983. It also addresses the general noncoverage by Section 1983 of federal employment. The chapter next discusses Section 1983 and municipalities, states, and political subdivisions. It then addresses individual government officials, and state action and the "color of law" requirement. The chapter further covers enforcement of Constitutional claims, interplay with Title VII, and interplay with other statutory law. The chapter concludes with discussion of issues of proof in Section 1983 cases.

Labor and Employment Law is a complete guide to labor and employment law, both federal and state. Expert authors provide concise, authoritative analysis on all established and emerging issues in labor and employment law. This comprehensive treatise also offers practice tips, checklists, and model forms for use in ERISA, FMLA, and OSHA disputes.


Civil Rights Act of 1871,Section 1983,Section 1983 of Civil Rights Act of 1871,color of law requirement,Title VII,persons acting under color of state law,color of state law


See Chapter 73 for discussion of Section 1983 in the context of sexual harassment. See Chapter 104 for an introduction to the Reconstruction statutes including Section 1981. See Chapter 105 for discussion of Section 1981 and See Chapter 107 for consideration of Section 1985. See Chapter 113 for discussion of equal pay under Title VII and other federal laws, including Section 1983. See Chapter 174 for litigation under the Family and Medical Leave act and claims under Section 1983.


See Larson on Employment Discrimination (Matthew Bender), the premier analytical work on the subject of job-related discrimination, which provides comprehensive coverage that keeps pace with the continuing evolution of the law relating to employment discrimination based on race, sex, religion, national origin, age, disability and union membership.

See Unjust Dismissal (Matthew Bender), which delivers comprehensive coverage of the most explosive issues in labor law today, and includes forms, checklists, sample interrogatories and motions, and jury instructions.

See Employee Rights Litigation: Pleading and Practice (Matthew Bender) for coverage of the basic legal standards governing the statutory and common law claims that can be raised on behalf of employees.

See Wilcox, California Employment Law (Matthew Bender) for comprehensive treatment of California law governing employer-employee relations in the private sector, as well as practice tips from experienced employment law practitioners, factual illustrations, sample employment documents and litigation forms.

See New York Employment Law, Second Edition (Matthew Bender) for analysis of the entire range of private sector employment law in New York, along with a compilation of important statutory provisions and other texts to facilitate research.
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