Protecting Constitutional Rights for Employees in State and Local Government

State and local government employees are protected by multiple federal laws that safeguard their constitutional rights in the workplace. When those rights are violated, employees may pursue legal claims to remedy deprivations of their civil and constitutional rights.

Murray Law is prepared to provide experienced counsel and strong legal representation to employees seeking to protect and enforce their constitutional rights in employment. Consulting an employment law attorney, like Steven Murray, promptly can help individuals understand their rights, remedies, and responsibilities under federal and state law.

Section 1983 Claims: Enforcing Constitutional Rights for Employees

Under 42 U.S.C. Section 1983, employees may enforce their constitutional rights in cases involving state and local government employment. Common Section 1983 claims include:

• Equal Protection Clause Violations (Fourteenth Amendment): Employees may assert discrimination claims based on race, gender, or other protected characteristics.
• Due Process Clause Violations (Fourteenth Amendment): Employees may challenge the deprivation of property or liberty in employment without due process of law.
• First Amendment Violations: Employees are protected in their rights to free speech, expression, association, and religion in the workplace.

In addition to Section 1983, state and local government employees may pursue other legal claims to contest violations of their constitutional rights in employment.

Immunity Considerations in Constitutional Rights Claims

When alleging a civil rights or constitutional claim against a state, municipal, or county government, or against an employee of an entity, immunity defenses must be carefully evaluated. The specific immunities available may impact whether an employee can fully assert their constitutional rights in court.

Colorado Law Enforcement Integrity and Accountability Act

In June 2020, Colorado enacted the Law Enforcement Integrity and Accountability Act.

This Act provides a claim for individuals against police officers who violate their constitutional rights under Colorado law. This law eliminates qualified immunity for police officers in Colorado as a defense to avoid liability for their misconduct.

Colorado Governmental Immunity Act

Any person seeking to file a claim for a tort, an act or omission causing an injury or harm to another, against a Colorado public entity or public employee must consult the Colorado Governmental Immunity Act.

The Colorado Governmental Immunity Act provides immunity for specific claims and imposes notice requirements for designated claims against public entities or public employees.

Standing Up for Constitutional rights for Employees

Murray law is prepared to help state and local government employees whose constitutional rights have been violated. Steven Murray will fight to ensure employees receive fair treatment and the full protection of their rights under federal and Colorado law.