Plaintiffs alleging stand-alone violations of either Title VII or the Americans with Disabilities Act cannot seek relief in federal court for deprivation of civil rights under Section 1983, the U.S. Court of Appeals for the Third Circuit has held in declining to revive claims a former Pennsylvania Human Relations Commission employee brought against her former employer.
In addressing an issue of first impression for the circuit, a unanimous three-judge panel of the court ruled that plaintiffs alleging violations of the ADA and Title VII, which prohibits discrimination based on race, color, religion, sex or national origin, cannot bring claims under Section 1983 because that would circumvent the usual administrative process for handling discrimination claims.
