TO RESEARCH NYPPL POSTINGS type in your key word or phrase in the box at the upper left and tap enter.
Wednesday, March 03, 2010
No private right of action against “state actors” pursuant to 42 USC 1981, the Civil Rights Law
McGovern v Philadelphia, USCA Third Circuit, No. 08-1632, Decided January 28, 2009
The McGovern decision holds that employees of a municipality may not sue the City of Philadelphia pursuant to 42 USC 1981 for alleged race discrimination.
Paul McGovern, a Caucasian male, was employed by the City of Philadelphia.
On September 25, 2003, McGovern filed a complaint of race discrimination with the Equal Employment Opportunity Commission pursuant to Title VII, 42 U.S.C. § 2000e, et seq. A year later, McGovern received a Right to Sue Letter from the EEOC, but took no further action on his Title VII claim.
On December 21, 2004, the City terminated McGovern’s employment, citing performance and behavioral deficiencies. Almost three years later, McGovern sued the City in the United States District Court alleging race discrimination in violation of 42 U.S.C. §1981.
Citing Monell v New York Department of Social Services, 436 U.S. 658, the Circuit Court commented that the Supreme Court had ruled that a municipality may not be held vicariously liable for the federal constitutional or statutory violations of its employees.
Although Monell concerned lawsuit brought pursuant to 42 USC §1983, the Third Circuit said that the Supreme Court had extended its holding in Monell to §1981 actions in its ruling in Jett v Dallas Independent School District, 491 U.S. 701.
Joining in the views expressed by “five of [its] sister circuits,” the Third Circuit concluded that “a private right of action against state actors” cannot be maintained under 42 U.S.C. §1981” insofar as an individual initiating such a lawsuit is concerned.
Handbooks focusing on New York State and Municipal Public Personnel Law:
The Discipline Book, - A 458 page guide to disciplinary actions involving public officers and employees. For more information click on http://booklocker.com/books/5215.html
A Reasonable Penalty Under The Circumstances - a 618-page volume focusing on determining an appropriate disciplinary penalty to be imposed on an employee in the public service. For more information click on http://booklocker.com/books/7401.html
The Layoff, Preferred List and Reinstatement Manual - a 645 page e-book reviewing the relevant laws, rules and regulations, and selected court and administrative decisions. For more information click on http://booklocker.com/books/5216.html
Disability Leave for fire, police and other public sector personnel - a 1098 page e-book focusing on administering General Municipal Law §§207-a/207-c and other laws, rules, regulations and court decisions. For more information click on http://booklocker.com/books/3916.html
Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
Copyright© 1987 - 2015 by the Public Employment Law Press.