On September 2, 2015, the Second Circuit Court of Appeals decided Vega v. Hempstead Union Free School District, et al., an employment-discrimination case bringing claims under both Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1983. In an opinion written by Judge Denny Chin, the court held that claims of retaliation for complaining of discrimination are actionable under § 1983, vacating a prior Eastern District of New York ruling on the matter.
Section 1983 provides a federal cause of action against any person who, acting under color of state law, deprives another person of any constitutional or federal statutory rights, creating a vehicle by which a plaintiff may enforce existing federal rights denied by a state or local government. In the context of employment discrimination, § 1983 provides a private right of action for violations of the equal protection clause of the Fourteenth Amendment, which prohibits the “deprivation of any rights, privileges, or immunities” by a state or local government and its officials.