By Eric Paltell
Unlike private sector employees, persons employed by state and local governments have workplace rights conferred upon them by the United States Constitution. A recent court decision from the United States Court of Appeals for the Eighth Circuit held that these Constitutional rights allow public sector employees to pursue discrimination claims even if they have not filed claims under Title VII of the Civil Rights Act of 1964. Henley v. Brown, No. 11-2561 (8th Cir. July 26, 2012).
In Henley, a female police officer trainee in Kansas City alleged that she was subjected to sex discrimination and harassment when male police trainers made her perform exercises not performed by other trainees, commented on her breasts, sprayed her with pepper spray, and told her she was “better suited to be some rich man’s wife.” Ultimately, she was failed out of the training academy, and did not become a police officer. Henley sued, alleging equal protection violations of the 14th Amendment and excessive force in violation of the Fourth Amendment, which gives rise to a claim under the Civil Rights Act of 1871 (42 U.S.C. §1983). Henley did not file a charge of discrimination with the EEOC or otherwise file a claim alleging violations of Title VII.
The trial court dismissed the complaint, holding that a plaintiff cannot “circumvent Title VII requirements by only pleading violations of the Equal Protection Clause under §1983.” The appellate court reversed, holding that Title VII does not provide an exclusive remedy for sex discrimination and harassment in public employment. Rather, Henley’s Constitutional claims of equal protection and excessive force violations are based on rights conferred on employees independent of Title VII and, therefore, may be pursued under §1983 alone – even if no claim has been made under Title VII.