Have Your Civil Rights Been Violated?

You have certain basic rights under the U.S. Constitution and state and federal laws. These laws cover everything from race discrimination and sexual harassment to fair housing rights violations. However, it can sometimes be difficult to determine whether you’ve been the victim of a civil rights violation.

This article examines and explains the various federal and state anti-discrimination laws in this country. It also outlines what to do if someone violates your civil rights. Your options include informal negotiations, filing a claim with the state or federal government, and filing a private discrimination lawsuit.

If you believe someone, such as an employer or potential landlord, has violated your civil rights, this article contains the knowledge you’ll need to seek relief. You should also consider contacting a local civil rights attorney to discuss your case and determine the best course of action.

Did Someone Violate One of Your Protected Rights?

It’s not always easy to be sure someone has violated one of your protected rights. Anti-discrimination and civil rights laws protect only certain rights. Some apparent rights violations are perfectly legal and will not justify a civil rights lawsuit. The examples below highlight the differences between lawful discrimination and an unlawful civil rights violation in housing rights.

Example 1: Applicant 1, an owner of two dogs, fills out an application to lease an apartment from the landlord. Upon learning that Applicant 1 is a dog owner, the landlord refuses to rent the apartment to Applicant 1 because the building does not permit dogs.

In this instance, the landlord has not committed a civil rights violation because being a pet owner is not a protected class. The landlord is free to reject apartment applicants who own pets.

Example 2: Applicant 2, an African-American man, fills out an application to lease an apartment from the landlord. Upon learning that Applicant 2 is African American, Landlord refuses to rent the apartment to him because he prefers to have Caucasian tenants in the building.

The landlord has committed a civil rights violation by discriminating against Applicant 2 because they rejected the man’s application solely on the basis of his race. Under federal and state fair housing and anti-discrimination laws, landlords may not reject an applicant because of their race.

What Types of Rights Does the Law Protect?

The anti-discrimination laws in the United States protect citizens from a wide range of discrimination. The Civil Rights Act of 1964 protects people from racial discrimination, but it also protects many other rights.

Some of the more common types of discrimination that are the subject of civil rights lawsuits include:

• Housing discrimination
• Employment discrimination
• Voting rights discrimination
• First Amendment rights violations, such as freedom of speech
• Police brutality, police misconduct, and the use of excessive force

These protections are in addition to the basic human rights that all citizens enjoy, both in the U.S. and abroad. If you have experienced a violation of civil rights, talk to a legal professional to see if you have a valid claim.

What Rights Do the Federal Civil Rights Laws Protect?

The civil rights and anti-discrimination laws only protect certain personal characteristics. In general, the federal civil rights laws protect the following classes:

• National origin
• Sexual orientation
• Gender identity
• Disability
• Religion
• Race
• Sex

These rights are often protected in the areas of public accommodations, employment, and health care. Housing discrimination is also a common complaint, with laws in place to protect tenants.

Some State Laws Offer More Protection than the Federal Civil Rights Laws

In many instances, state laws differ from federal law. The general rule is that states can offer citizens more protection than the federal government. They cannot provide less. This means that some states and territories, such as Washington, D.C., protect more than just the classes listed above.

Some of the additional protections offered by states include:

• Washington, D.C. – Homelessness
• California – Gender identity, gender expression, and marital status
• New York – Victims of domestic violence and sexual orientation
• Michigan – Height, weight, and AIDS/HIV status
• Connecticut and Massachusetts – Familial status (for employment discrimination)

The federal government categorizes having AIDS or HIV as a disability, covering people in this protected class from disability discrimination. This is accomplished through the Americans with Disabilities Act (ADA).

The above protections go far beyond the protection offered by the Civil Rights Act of 1964. If you aren’t sure if your state provides additional protection from discrimination, contact a local civil rights lawyer.

If Someone Has Violated Your Rights, What Are Your Options?

While it can be difficult to prove a civil rights violation, that doesn’t mean you should accept the discriminatory behavior. If someone violates your rights, you have options that include:

• Resolving the matter through informal negotiations
• Filing a claim with the government
• Filing a private lawsuit in civil court

Before you decide which option you want to pursue, sit down with an experienced civil rights attorney. They’ll review your case and help determine if pursuing a claim is worthwhile. They can also help you decide which option is best for your situation.

Informal Negotiations

As with most legal disputes, you may be able to resolve your issues without filing a legal claim. This is sometimes the best option, especially in employment discrimination cases. You may love your job and not want to leave, so perhaps an agreement can be reached with the employer that solves the issue and allows you to stay.

Even in cases involving other forms of discrimination, it may make the most sense to resolve matters amicably rather than pursue legal action. Not only can litigation be expensive, but there’s no guarantee that things will work out in your favor. If you and your attorney can sit down and come to a resolution, it may be the best option for everyone involved.

Filing a Claim With the Government

For most cases involving civil rights violations, one of your options is to file a complaint with the governmental agency that handles your type of complaint. For example, if you are dealing with employment discrimination, the Equal Employment Opportunity Commission (EEOC) is the appropriate agency. 

Filing a complaint will usually trigger an investigation into your claims by the agency. On the federal level, this is often done by the Office for Civil Rights (OCR) or another federal agency such as the Department of Justice.

The government may take further action on your behalf. Whether your complaint is handled at the federal or state level depends on the facts of your case and the type of claim involved (what laws were allegedly violated, etc.).

Your complaint absolutely must be filed on time. The appropriate agencies will decide where and how your case will be handled after that. In most cases, neither the offender nor the victim has any affiliation with the government. For some civil rights cases, you must file your claim with the government before you pursue a civil action.

Filing a Private Lawsuit for a Civil Rights Violation

If you believe you’ve been the victim of a civil rights violation, you can most likely file a lawsuit against those responsible for any harm suffered. One of your first considerations will be whether to file in federal court or state court. An applicable state or federal law may dictate your options.

You have the right to bring a civil cause of action for unlawful discrimination in most federal courts. As long as you can prove that you are under one of the protected characteristics, there shouldn’t be an issue with your filing a federal lawsuit.

Regardless of where the case is handled in federal or state court, the lawsuit begins with the person claiming a civil rights violation (the plaintiff) files a civil rights complaint with the court. The complaint sets out certain facts and allegations to show that the opposing party (the defendant) is responsible for the civil rights violations alleged and for any harm suffered by the plaintiff. For some types of civil rights cases, you must file a claim with the appropriate government agency before pursuing any private lawsuit.

Hire an Attorney To Help With Your Civil Rights Claim

Legal issues involving civil liberties can be complex and difficult to resolve. It isn’t always easy to know if someone has violated your constitutional rights. If you believe you have suffered a civil rights violation, speaking with an experienced civil rights attorney is the best place to start.

You have a right to due process and equal protection under the law. An attorney will evaluate all aspects of your case, protect your constitutional rights, and explain all options available to you to ensure the best possible outcome for your case.