A number of laws have been passed over the years to provide protections for civil rights guaranteed by the Constitution of the United States and the Amendments to the Constitution.

42 USC § 1981 applies to racial and ethnic discrimination (but not to gender discrimination) and provides protection only against intentional discrimination. This statute protects against race discrimination in the formation and performance of legal contracts. For example, the law would apply to situations in which a merchant, acting out of racial prejudice, impedes a customer's ability to enter into, or enjoy the benefits of, a contractual relationship. Even at will employees have a contractual relationship with their employers sufficient to support a § 1981 racial discrimination claim in matters of promotions and pay. The law, as amended, also forbids an employer from retaliating against an employee for complaining about racial discrimination or filing an EEOC charge.

42 USC § 1983 was enacted to prevent the states and their governmental subdivisions from encroaching on the rights guaranteed by the Constitution. Although states and state governmental agencies and state officials acting within their official capacities may be immune from most claims, suits for damages may be maintained under § 1983 against the state and local government officials who are not entitled to immunity. If an injured party proves that intentional discrimination is the official policy of a local government agency, then monetary relief may be awarded. Claims of police misconduct or claims involving the use of "excessive force" are examples of cases covered under § 1983.

42 USC § 1985 applies to civil rights conspiracy claims. This law is intended to address conspiracies aimed at depriving persons of equal enjoyment of rights secured by the law. It would apply, for example, to conduct which is aimed at depriving a class of persons from traveling from state to state or from engaging in free speech, assembly, or association.

If you believe your civil rights have been violated, contact a civil rights lawyer at Maurer Rifkin & Hill. We can help.

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Carmel, Indiana 46032-6900
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