Equal protection is another avenue where an employee can bring a complaint against their employer in White Plains, NY and where they are being treated differently. In addition, to the laws that cover discrimination in the work place, title seven covers discrimination in the work place based upon gender, race, religion, national origin, etc. The section 1983 also provides a claim that can be brought through the equal protection clause. You may wonder why they would want to bring claims under both provisions, and the reason is because those provisions do provide protection for different remedies and they also provide different defenders. Under title seven you are not able to sue individual defendants, you are only entitled to sue your employer. Under the equal protection clause, if you work for a public entity and a state actor has taken some discriminatory action against you, you can actually bring a claim under the protection clause against that individual’s supervisor directly. It’s important to always evaluate not only whether you have a claim under one law but other laws and which can afford you different defendants and remedies.
This informational blog post was provided by Kim Berg, an experienced White Plains Civil Rights Attorney.
