You possess fundamental rights under the U.S. Constitution, as well as state and federal laws. These civil rights are designed to protect individuals from injustices such as race discrimination, sexual harassment, and violations of fair housing rights. However, there are instances when these rights are not upheld, and legal entities or government agencies may infringe upon them.
Understanding whether your rights have been violated can be challenging. But how do you know if your rights have been violated? We’ll be learning in this blog what are civil rights violations and understand what options you have in order to protect yourself.
What Are Civil Rights?
Civil rights laws differ in the characteristics they protect. However, common protected classes typically include:
- National origin
- Sexual orientation
- Gender identity
- Disability
- Religion
- Race
- Sex
Civil rights guarantee equal social opportunities and equal protection under the law, regardless of race, religion, or other personal characteristics. These rights are generally safeguarded in areas such as public accommodations, employment, and healthcare. A frequent concern is housing discrimination, and there are specific civil rights laws designed to protect tenants from such unfair treatment.
What Are Civil Rights Violations?
Although all citizens in the United States have civil rights that ensure equal social opportunities and protection under the law, these rights can be violated when an individual or organization discriminates against someone based on their identity. This includes actions that limit a person’s ability to enjoy their guaranteed rights, such as the rights to life, liberty, and prosperity. One of the most common complaints related to civil rights allegations is the color of law violations.
What Is a Color of Law Violation?
When a state, federal, or local official acts within their legal authority, they are said to be operating “under the color of law.” However, if a government agent’s actions go against their legal authority—either through intent or ignorance—this is considered a color of law violation. For example, if a government agent denies anyone their civil rights based on race, creed, or religion while using their official powers, they have committed a federal offense.
Let’s explore three of the most common civil rights violations:
1. Employment Discrimination
Laws: Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA) prohibit job discrimination based on race, color, national origin, religion, sex (including sexual orientation and gender identity), age, or disability.
Examples: Refusing to hire or firing someone, creating unequal working conditions, denying promotions, or violating equal pay laws based on these protected categories is considered a civil rights violation.
2. Housing Discrimination
Law: The Fair Housing Act of 1968 prohibits discrimination in housing sales, rentals, and financing based on race, national origin, religion, sex, disability, and family status.
Examples: A property owner who refuses to sell or rent a home, or a lender who denies a mortgage based on these protected categories, is committing a civil rights violation.
3. Police Brutality
Issue: Police brutality involves the use of excessive force or abusive actions by law enforcement officers.
Examples: This includes unlawful strip searches or any actions that violate an individual’s right to equal protection and due process. If you believe you have been a victim of such abuse, it’s important to seek legal assistance.
These violations can significantly impact individuals, and knowing your rights is essential for seeking justice.
What To Do After Your Rights Have Been Violated
If you believe your rights have been violated, you have several options to address the situation:
- Informal Negotiations
Many civil rights disputes can be resolved without going to court. This may involve discussions with the other party to reach a mutual agreement.
- Filing a Claim with the Government
You can file a complaint with a government agency at either the federal or state level. This allows the agency to take action to enforce your civil rights. In some cases, you must file a government claim before pursuing a private lawsuit.
- Filing a Private Lawsuit
If you feel you’ve been harmed by a civil rights violation, you can file a lawsuit against those responsible with an experienced civil rights attorney. They can help you understand your rights to due process and equal protection, evaluate your case, and explain your options to ensure the best possible outcome.
At Kirakosian Law, we specialize in civil rights claims and are dedicated to protecting your constitutional rights. Our team is here to provide expert guidance and support throughout your legal journey, ensuring that you receive the justice you deserve.
