UNLAWFUL DISCRIMINATION Your Rights and Remedies - Civil Rights Handbook |
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CHAPTER VIII
Miscellaneous Anti-Discrimination Statutes Listed below are additional civil rights provisions that you may find helpful. Jury Selection
Public Utilities Code section 453 prohibits a public utility from engaging in any form of discriminatory rates, deposit amounts, charges, service and facilities because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, occupation, sex, marital status or change in marital status. State and Local Governmental Conduct 42 U.S.C. section 1983 creates a private right of action to redress deprivations under color of state law of any federal rights, privileges or immunities. The purpose of section 1983, according to the United States Supreme Court, was "to interpose the federal courts between the States and the people, as guardians of the people's federal rights-to protect the people from unconstitutional action under color of state law, 'whether that action be executive, legislative, or judicial.'" (Mitchum v. Foster (1972) 407 U.S. 225, 242.) The challenged conduct must constitute governmental action. In other words, rather than regulating purely private actions, section 1983 regulates state and local governmental conduct. Thus, if you have been discriminated against by some form of government action in a manner depriving you of your federal rights, then a section 1983 action may be appropriate. For more information regarding a section 1983 action, you should contact any attorney as soon as possible after the alleged unlawful act has occurred. Finally, a few important points concerning section 1983 should be considered. First, section 1983 permits relief in the form of nominal, compensatory, and punitive damages, and/or injunctive relief, depending upon the circumstances. Second, attorney's fees can be recovered by the prevailing party in a section 1983 action. Third, no federal statute of limitations applies to section 1983, so state statutes of limitation will generally control section 1983 suits. In California, there is a one-year period to file section 1983 actions. (111) Many cities have adopted their own ordinances to supplement state laws forbidding discrimination. You should contact your city attorney or a private attorney to see if your city has adopted such ordinances, and, if so, the procedures you must follow to assert your rights. 111. Ricotta v. California (S.D.Cal. 1998) 4 F.Supp.2d 961, 980, affd. (9th Cir. 1999) 173 F.3d 861, cert. den. (1999) 528 U.S. 864. Back to Top Return to Table of Contents |