It’s possible for people to be denied a loan, job, promotion and more for other than stated reasons. These could be situations where individuals are being denied access to education, credit or unfairly treated when in police custody and more. Their civil rights have been violated. It’s important people realize what is necessary to enforce their civil rights.
Civil Rights Laws
These laws are in place to make certain an individual’s do receive equal treatment as well as a way to prevent any form discrimination. This includes everything from housing to voting, to lending as well as employment, education and more. In addition to state and federal laws, there are many municipalities around the United States that also have legal ordinances in place that protect an individual’s civil rights. “It’s important for everyone to be able to enforce their civil rights. People should not be afraid to do what is right. We are there for people in this situation every step of the way,” says attorney Jose Bautista.
A civil rights complaint can be filed by email, fax, mail or using online forms with the appropriate government website. These forms will require an individual identify the person or organization responsible for the civil right violation. A person will also be required to provide a brief description of the incident, and the alleged civil rights violation. All relevant information should be provided within the agency’s complaint form. A person filing a claim will also be required to provide contact information including name, address, telephone number as well as Email address and more.
State or Federal Case
If an individual’s complaint is best handled at the state or federal level will be determined by a number of different factors. The specific laws violated and more will need to be clearly identified. It is also important an individual have their complaint filed with the correct agency. They will determine how the case should be handled and begin an investigation.
Filing A Lawsuit
Filing a complaint is always the first step. This must always be done prior to any type of lawsuit being filed. It’s important for people to realize the strict time limits associated with when a claim must be filed. This could be vary depending on the agency. The Equal Employment Opportunity Commission (EEOC) is a government agency covering the employment violations. It requires any complaint alleging employment discrimination be filed within 180 days after the discrimination occurred. Many state agencies also have similar requirements.
Office for Civil Rights (OCR)
This federal agency is responsible for enforcing civil right law violations is the OCR. The laws they enforce are designed to protect people from discrimination on the basis of sex, race, age, color, national origin or disability. The OCR is responsible for enforcing Title II of the Americans with Disabilities Act (ADA) as well as the Federal Healthcare Conscience Protection (FHCP) statutes and more.
Violation Of A Protected Right
It is important when someone is considering filing a civil rights claim they are able to show a protected right was violated. This includes everything from race discrimination as well as fair housing rights, sexual harassment and more. Only specifically identified rights are protected under the civil rights laws. It’s important for individuals to understand situations that may seem as a violation of their rights could be legal and not cause for a civil rights case. An African American could fill out an application for an apartment lease and state they have pets. When the landlord learns the African American has pets, he refuses to approve the lease because he does not want pets in his building. In this case, the landlord has not committed a civil rights violation. They may be within their rights to reject a lease applicant who owns pets.
If someone believes their civil rights have been violated, they do have a way to protect them. If a person has been denied service, aid or provided inferior as well as discriminatory service and more; they may have a case. This is a time to speak with an experienced attorney. They will know if a person’s claim is legally valid and how best to proceed with their claim.