Affirmed by published opinion. Judge WILLIAMS wrote the opinion, in which Judge LUTTIG and Judge TRAXLER joined.
OPINION
Gloria W. Dowe appeals the district court’s grant of summary judgment to her former employer on her claims of employment discrimination under 42 U.S.C.A. §§ 1981 (West *655 1994), 1983 (West Supp.1998), & 2000e et seq. (Title VII)(West Supp.1998). Dowe argues that summary judgment was inappropriate because she established a prima facie case of retaliation under Title VII, and demonstrated sufficient state involvement to invoke § 1983. We disagree. A plaintiff cannot establish a prima facie ease of retaliation when, as here, the relevant decisionmaker was unaware that the plaintiff had engaged in a protected activity. Similarly, a plaintiff cannot invoke § 1983 simply because a private actor is regulated and funded by the State. Accordingly, we affirm the judgment of the district court.
I.
In 1965, Dowe, who is black, was hired by Total Action Against Poverty (TAP) to work in its Head Start Program in Roanoke Valley, Virginia. In 1986, Dowe became ■ the Social Services Coordinator at Head Start. Five years later, the position of Social Services Coordinator was divided into twp positions: Parent Involvement Coordinator and Social Services Coordinator. Dowe was given her choice of positions and selected Parent Involvement Coordinator.
Shortly thereafter, Dowe decided that she disliked her new position. As a result, Dowe asked the Director of the Head Start program, Cleo Sims, if she could be the Social Services Coordinator. When Sims, who is black, selected Annette Lewis, who is also black,, for the position of Social Services Coordinator, Dowe filed a Complaint with the EEOC charging that her request to be named Social Services Coordinator was denied on account of her race. 1
Before TAP became aware of Dowe’s complaint with the EEOC, Dowe had been reprimanded for work-related deficiencies. In particular, Sims reprimanded Dowe for ignoring four requests to prepare a work plan (the Plan) and for poor record keeping. After TAP became aware of Dowe’s complaint with the EEOC, numerous other failures in her job performance were noted. Specifically, Sims reprimanded Dowe for maintaining a poor filing system, failing to keep commitments to several clients, and for “calling in sick” to avoid specific work assignments.
Because of Dowe’s failure to complete the Plan, Sims drafted one for her. On June 1, 1992, Sims and Dowe met to discuss the proposed Plan. Dowe disagreed with one of the Plan’s objectives, however, and refused to sign it. Dowe was informed that if she did not sign the Plan by June 8, 1992, she would be placed on probation. Despite the threat, Dowe continued her refusal to sign the Plan. On June 16,1992, Dowe was placed on probation.
On August 21, 1992, Dowe’s charge of race discrimination was dismissed by the EEOC. The EEOC found no violations of any statute and concluded that Dowe was not a victim of discrimination. On appeal, Dowe concedes that her initial charge of race discrimination was without merit.
In late 1992, Dowe’s probation ended, and she became a Family Service Specialist. Within several months, Dowe was reprimanded by Lewis, her new supervisor. In particular, Dowe was reprimanded for not completing child abuse training, failing to collect the appropriate parent surveys, and attending Parent Policy Council meetings without permission. The following month, Dowe was reprimanded by Lewis for disrupting a Parent Policy Committee meeting. Dowe responded to the reprimand by informing Lewis that she would continue to attend Parent Policy Committee meetings despite being directed not to do so. Despite Dowe’s insubordination, no action was taken against her at this time.
In December of 1994, Dowe was placed under the supervision of Katie Weddington. Although Dowe’s caseload was reduced, Dowe’s job performance, including her record keeping, did not improve. As a result of these deficiencies, Dowe was placed on probation for a second time. Under the terms of her probation, Dowe was given specific *656 dates upon which to completé her projects and paperwork. On April 13, 1995, after Dowe failed to meet these deadlines, Wed-dington fired Dowe.
Dowe filed suit in the United States District Court for the Western District of Virginia alleging employment discrimination under 42 U.S.C.A. §§ 1981, 1983, and 2000e et seq. In particular, Dowe contends that she was terminated by TAP in retaliation for having filed a charge of race discrimination with the EEOC. Following discovery, TAP moved for summary judgment. After briefing and oral argument, the district court granted TAP’s motion. In ruling on her Title VII claim, the district court found that Dowe failed to meet “her burden of establishing the required causal connection between the protected activity and the adverse action.” (J.A. at 201.) With respect to her § 1981 claim, the district court found that she failed to establish that her “termination was racially motivated.” (J.A. at 202.) Finally, the district court found that' Dowe had “not demonstrated sufficient state involvement to invoke section 1983.” (J.A. at 203.) This appeal followed.
II.
On appeal, Dowe contends that she (1) established a prima facie case of retaliation under Title VII and (2) demonstrated sufficient state involvement to invoke § 1983.
2
As a result, she argues that the district court erred in granting summary judgment to TAP. We review de novo the district court’s decision to grant TAP summary judgment.
See Halperin v. Abacus Tech. Corp.,
A.
To prevail on her retaliation claim, Dowe must satisfy the three-step proof scheme established in
McDonnell Douglas Corp. v. Green,
On appeal, Dowe first contends that she established a prima facie case of retaliation under Title VII. To establish a prima facie case of retaliation under Title VII, a plaintiff is required to prove (1) that she engaged in a protected activity; (2) that an adverse employment action was taken against her; and (3) that there was a causal connection between the first two elements.
See Hopkins v. Baltimore Gas & Electric Co.,
To satisfy the third element, the employer must have taken the adverse employment action
because
the plaintiff engaged in a protected activity. Since, by definition, an employer cannot take action because of a factor of which it is unaware, the employer’s knowledge that the plaintiff engaged in a protected activity is absolutely necessary to establish the third element of the prima facie case.
See, e.g., Grizzle v. Travelers Health Network, Inc.,
In addition, we note that over three years lapsed between the protected activity and the adverse employment action. This Court has held that evidence that the alleged adverse action occurred
shortly
after the employer became aware of the protected activity is sufficient to “satisf[y] the less onerous burden of making a prima facie case of causa[tion]”
Williams v. Cerberonics, Inc.,
In sum, we conclude that Dowe has failed to forecast evidence sufficient to establish that a causal connection exists between the protected activity and the adverse employment action.
3
As a result, Dowe cannot establish a prima facie case of retaliation under Title VII. Accordingly, the district court did not err in granting TAP’s motion for summary judgment.
See
Fed.R.Civ.P. 56(c);
see also Celotex,
B.
We now consider whether the actions of TAP give rise to liability under § 1983. To prevail on her § 1983 claim, Dowe must establish: (1) that she has been deprived of a right, privilege or immunity secured by the Constitution or laws of the United States; and (2) that the conduct complained of was committed by a person acting under the color of state law. See 42 U.S.C.A. § 1983. The district court concluded that Dowe failed to establish the second element. For the reasons that follow, we agree.
Acting under color of state law is equivalent to that of state action under the Fourteenth Amendment.
See Rendell-Baker v. Kohn,
By asserting that TAP is both regulated and funded by the federal government and, to a lesser extent, by the Commonwealth of Virginia, Dowe contends that she has demonstrated sufficient state involvement to invoke § 1983. We disagree. To the extent Dowe contends that TAP is funded and regulated by the federal government, she is really making the case that TAP was acting under the color of federal law. If so, the claim should have been brought under
Bivens v. Six Unknown Agents,
Although Dowe refers to TAP as “a creature of statute,” she fails to provide even one example of how the Commonwealth regulates Head Start programs. Even assuming that the Head Start program in question is extensively regulated by the Commonwealth, “[t]he mere fact that a business is subject to state regulation does not by itself convert its action into that of the State for purposes of the Fourteenth Amendment.”
Jackson v. Metropolitan Edison Co.,
Dowe also argues that the receipt of state and municipal grants and an exemption from Virginia State personal property taxes provides a sufficient nexus to invoke application of § 1983.
5
As support, Dowe relies principally upon this Court’s decision in
Edwards v. Maryland State Fair,
Only one year after our decision in
Edwards,
however, the Supreme Court held that a private nursing home was not a state actor despite the fact that it was financed from almost exclusively public sources.
See Blum v. Yaretsky,
In light of the Supreme Court’s decisions in
Blum
and
Rendell-Baker,
it is clear that
Edwards,
to the extent that it holds that substantial funding by the state is sufficient to invoke § 1983, is no longer good law.
See Smith v. Moore,
The central inquiry in determining whether a private party’s conduct will be regarded as action of the government is whether the party can be described “in all fairness” as a state actor.
See United Auto Workers v. Gaston Festivals, Inc., 43 F.3d
902, 906 (4th Cir.1995). In
Nail v. Community Action Agency of Calhoun County,
Like the adverse employment action in
Blum, Rendell-Baker,
and
Nail,
the personnel decision here was not controlled by the Commonwealth of Virginia. Typically, a state “can be held responsible for a private decision only when it has exercised
coercive
power or has provided such significant encouragement, either overt or covert, that the choice must in law be deemed to be that of
*660
the State.”
Blum v. Yaretsky,
III.
For the foregoing reasons, the judgment of the district court is affirmed.
AFFIRMED.
Notes
. Dowe also claimed that she was denied annual leave because she was black. In dismissing this claim, the EEOC noted that Dowe had actually conceded that "she did not have all her work completed” when she requested leave. This concession, the EEOC concluded, provided TAP with a legitimate, nondiscriminatory reason for denying Dowe annual leave.
. On appeal, Dowe does not challenge the district court’s finding that she failed to establish a claim under § 1981.
. We also note that it is undisputed that Dowe was reprimanded by her then supervisor on several occasions prior to filing her complaint with the EEOC. This fact also undermines Dowc’s contention that she was terminated because she participated in a protected activity.
. Even assuming that Dowe forecasted evidence sufficient to establish a causal connection between the protected activity and the adverse action — therefore establishing a prima facie case of retaliation — TAP articulated legitimate, nonreta-liatory reasons for Dowe’s discharge (i.e., her poor job performance, her failure to keep the terms of her probation, and her disruptive behavior). To avoid summary judgment, therefore, Dowe must also forecast evidence sufficient to establish that she was the victim of retaliation (i.e., TAP’s nonretaliatory reason was pretextual). As the district court noted, Dowe simply failed to do so. In fact, Dowe admitted that her performance "came up short." (J.A. at 120.)
. Dowe does not indicate either how much TAP receives in state and municipal grants or what percentage of TAP's budget is funded by the grants.
