What Do Civil Rights Attorneys Do?

Civil rights law protects individuals from discrimination and ensures equal treatment in areas like employment, housing, education, and access to public services. Because civil rights issues can be complex, many people turn to civil rights attorneys to challenge violations and enforce these fundamental legal protections.

Civil rights laws protect the fundamental rights and liberties of individuals and prevent unfair treatment based on:

• National origin
• Mental or physical disability, including temporary disability such as pregnancy
• Race or ethnicity
• Gender or gender preference
• Sexual orientation
• Religion

Civil rights are based on Constitutional law, federal and state statutes, and U.S. Supreme Court decisions. These decisions define and expand protections for people in protected classes. If these protections have been violated, a civil rights attorney will investigate discriminatory conduct, gather evidence, and pursue claims.

Many civil rights are constitutional rights. For example, the U.S. Constitution explicitly grants the right to be free from unreasonable search and seizure. Other civil rights have been created by statutes enacted by Congress, such as the right to be free from discrimination based on race or the right to receive equal pay for equal work.

Types of Civil Rights Cases

Civil rights cases span the full range of civil liberties violations. Civil rights include free speech (First Amendment) and having an attorney in court (Sixth Amendment). Common cases involving civil rights and a civil rights lawyer include disability discrimination, police misconduct, and employment law. Let’s take a closer look at each one.

Disability Discrimination

The Americans with Disabilities Act (ADA), signed in 1990, guarantees disabled citizens the right to reasonable accommodation in housing, employment, and education. A civil rights lawyer provides assistance when:

• Schools refuse to provide physical access, education under IDEA or 504 laws, or other legally mandated fair and equal education. Lawyers can file for injunctive relief, mediate on behalf of students, or file lawsuits against the school district.
• Employers will not provide reasonable workplace accommodations for disabled employees. The ADA and related legislation require accommodations for nursing mothers and other individuals with “temporary disabilities.”
• Public accommodations such as restaurants, hotels, and rental complexes haven’t provided access for people with disabilities. These companies may be subject to class action lawsuits if they do not comply with regulatory codes.

Other situations may also be violations.

Law Enforcement Misconduct

The Fourth Amendment guarantees all citizens the right to privacy in their “persons, homes, papers, and effects.” In practice, this means police must obtain a valid warrant before they can search you or your property. Case law provides several exceptions to the warrant requirement. Criminal defense attorneys spend much of their time arguing against police misconduct when executing warrants or conducting invalid searches.

Other types of police misconduct leading to civil rights violations include:

• Police brutality: Police are permitted to use “reasonable force” that may include lethal force to protect the general public, but they may only use enough force to effect an arrest. Excessive force lawsuits arise when suspects are subjected to more force than necessary, or when handcuffed suspects continue to be abused after they are in custody.
• Legal representation: Although the “right to an attorney” is often misunderstood or overstated by Hollywood, when a subject requests an attorney, police interrogation must stop. If you ask for an attorney and one is not provided, you should tell the next attorney immediately.
• Due process violations: Both procedural due process and substantive due process are legal issues taught in law school. They involve the paperwork and legal process that make the courts run and guarantee everyone their legal rights. For instance, a summons and complaint must be delivered in person to a defendant before a hearing. Failure to do so is a due process violation.

This is not an exhaustive list.

Employment Discrimination

The Equal Employment Opportunity Commission (EEOC) oversees all employment discrimination and civil rights cases. Individuals should contact an attorney and the EEOC for workplace discrimination or harassment. Employment discrimination cases can include:

• Being denied a job, promotion, or being terminated because of a protected characteristic, such as age, disability, or race
• Sexual harassment on the job, or retaliatory termination or reassignment for reporting the harassment
• Refusal to make reasonable accommodations under the ADA
• Hostile work environment caused by racial discrimination, bullying, or other behavior

These are just some instances of when you might need a civil rights attorney. Many of these cases are not exclusive. For instance, a housing discrimination case could also be a gender discrimination case if the applicant is being turned down because of their gender identity, and a disability discrimination case if the landlord doesn’t want to make a reasonable accommodation.

If you believe your civil rights are affected by a situation, you should always ask a civil rights attorney to review your case. You may have more of a claim than you realize.

What A Civil Rights Lawyer Can Do For You

You should speak to a legal professional as soon as you believe you may have been the victim of a civil rights violation, although an attorney may not be able to act immediately. In many cases, especially in employment law situations, you may need to “exhaust your administrative options” first. That means you must follow your company’s grievance process first. This can involve making a complaint through your supervisor and then HR. An attorney can assist, so you’ll have a paper trail showing the steps you completed.

In addition to individual lawyers and law firms that take civil rights cases, many nonprofit organizations provide legal services, resources, and even pro bono legal representation to individuals whose civil rights have been violated. Many of these organizations focus on helping particular protected classes.

If you experience a violation of your civil rights, legal help is available. An experienced civil rights attorney will be able to help you make informed decisions about your rights throughout the potential civil rights lawsuit process.

FindLaw’s directory of civil rights attorneys can connect you with the legal advice you need to protect your rights and explore your legal options. Start by entering your city or ZIP code for a list of qualified legal advisors in your area. Your results will also show ratings and contact information. Many attorneys offer free case evaluations.

Additional Civil Rights Resources on FindLaw

Visit FindLaw’s Civil Rights Section for more articles and information on:

• Housing Discrimination
• Employment Discrimination
• Education Discrimination
• Law Enforcement – Police Misconduct and Civil Rights
• Public Services
• Freedom of Speech