In many of the states with these constitutions, courts also employ a three-tiered analysis similar to that developed by the U.S. Supreme Court. State courts can interpret their own constitution to provide more, but not less, protection than that offered under the federal Equal Protection Clause. The Commerce Clause provides Congress with the authority to enact legislation that affects interstate commerce, an even broader power. Pursuant to these clauses, Congress has enacted major pieces of legislation that have extended protection against discrimination beyond that contained in the Constitution. Section 1983 of the act, passed when Ku Klux Klan violence was widespread, created a federal remedy, namely money damages, for individuals whose constitutional rights had been violated by state officials.
State action means a discriminatory act committed by a government official or agent.
Section 1983 does not apply to wholly private or nongovernment conduct. Other congressional legislation prohibits discrimination in the private sector. Federal courts have interpreted title VII to prohibit hostile work environments involving sexual harassment, even when the perpetrator and victim are the same gender. Under both statutes, employers may defend their actions by demonstrating nondiscriminatory reasons for a particular decision, such as the dishonesty or incompetency of a discharged employee. Such accommodations can include making existing facilities more accessible, permitting part-time or modified work schedules, and reassigning jobs.