· 12/6/1984
James M. Day v. Wayne County Board of Auditors, Wayne County Civil Service Commission, County of Wayne, and Wayne County Board of Commissioners
Citations
- 749 F.2d 1199
- 1984 U.S. App. LEXIS 16117
- 35 Empl. Prac. Dec. (CCH) 34,816
- 36 Fair Empl. Prac. Cas. (BNA) 743
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “an employee may sue her public employer under both Title VII and § 1983 when the § 1983 violation rests on a claim of infringement of rights guaranteed by the Constitution”
- “[W]e believe Title VII provides the exclusive remedy when the only § 1983 cause of action is based on a violation of Title VII.”
- Section 1983 claims are reviewed under the same framework as a Title VII claim when the “only § 1983 cause of action is based on a violation of Title VII.”
- Title VII does not affect rights of state employees under § 1983
- “Here the … only wrongful act was [defendants’] retaliation for the plaintiff's actions, a violation of Title VII. We conclude that Congress did not intend this violation to be the basis of a Section 1983 claim.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lively, Wellford, Gibbons
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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