When is an individual acting under color of state law?
Whether or not discriminatory conduct is state action generally turns on whether the state has so involved itself with a private employer that it must be considered a joint participant in the conduct. When Section 1983 is applicable, it applies to any classification that denies equal protection of the law. Historically, the 1871 Act was viewed as requiring state action. In 1971, the US Supreme Court recognized that Section 1985 could apply to private conspiracies based on race. Conspiracies based on other protected classes may still require state action because the civil rights laws were passed pursuant to the Fourteenth Amendment, which relates to states’ conduct. In a 1998 opinion, the US Supreme Court recognized that Section 1985(2) could apply to private conspiracies to intimidate or retaliate against a witness in federal court proceedings by terminating his or her at-will employment relationship. Posting requirement: No. Remedies: Legal and equitable relief; unlimited compensatory
