Have you ever experienced a situation where you felt your civil rights were infringed upon? Are you uncertain about the steps to take when confronted with discrimination or injustice?
Understanding your rights is vital in these circumstances, as it empowers you to protect yourself effectively. Recognizing whether your civil rights have been violated is the first step toward seeking justice. If you find yourself in such a situation, taking prompt action is crucial. Knowing what constitutes a violation and how to respond can make a significant difference in your pursuit of justice and equality. This blog will guide you through the importance of awareness and what to do when your civil rights are violated.
What Are Civil Rights?
Civil rights encompass essential freedoms such as the right to vote, the right to a fair trial, access to government services, the right to a public education, gainful employment, housing, the ability to use public facilities, and freedom of religion.
Discrimination occurs when an individual’s civil rights are denied or interfered with due to their membership in a specific group or class. Civil rights laws aim to ensure that all individuals, especially those who have historically faced discrimination, can enjoy full and equal citizenship regardless of their group characteristics.
How To Know If Your Civil Rights Have Been Violated
The first step in evaluating if your civil rights have been violated is to determine whether a protected right has been infringed. While you may believe that your rights have been violated, not all rights are protected by civil rights and anti-discrimination laws. These rules only protect certain rights, and while some actions may appear unjust, they are legally permitted and cannot be used to support a civil rights claim.
Below are examples that illustrate the difference between lawful discrimination and an unlawful civil rights violation, particularly in the context of housing rights:
Example 1: Applicant A, who owns a motorcycle, wants to rent an apartment from a landlord. The landlord finds that Applicant A rides a motorcycle and rejects their application since they prefer not to rent to people who ride motorcycles owing to noise concerns. In this case, the landlord did not breach any civil rights legislation by discriminating against Applicant A only because they own a motorcycle, as this is not a protected class. The landlord is legally permitted to make this decision.
Example 2: Applicant B, a woman, seeks to rent an apartment from the same owner. When the landlord learns that Applicant B is female, he declines her application, citing a preference for male renters. In this case, the landlord violated Applicant B’s civil rights by discriminating against her based on gender. Federal and state fair housing laws prohibit gender discrimination, making this conduct illegal.
This distinction is crucial in determining whether legal action can be pursued under civil rights laws. So, now that you’re sure that you’ve been a victim of a civil rights violation, what should you do? What to do when your civil rights are violated?
What To Do When Your Civil Rights Are Violated?
Experiencing a violation of your civil rights can be both distressing and challenging. Here are steps you can take if you believe your civil rights have been violated:
- Stay Calm and Document the Incident: Remain composed and take detailed notes about the incident, including the date, time, location, and names of those involved. Gather any available evidence, like photographs, videos, or witness statements, to support your claim.
- Report the Violation: If the violation occurred in a public or institutional setting, such as a workplace, school, or government agency, report it to the appropriate authorities or follow internal complaint procedures.
- Seek Legal Advice: Consult with an experienced civil rights attorney to discuss your situation and explore your legal options. A knowledgeable attorney can help you understand your rights and guide you through the legal process.
- File a Complaint: Depending on the nature of the violation, you may file a complaint with relevant government agencies. For instance, if you experienced employment discrimination, you can file with the Equal Employment Opportunity Commission (EEOC).
- Consider Alternative Dispute Resolution: In some cases, methods like mediation or arbitration may provide a quicker and less confrontational way to resolve disputes. Your attorney can advise you on whether this is a suitable option for you.
- Pursue Legal Action: If informal resolution efforts fail or the violation is severe, you may choose to pursue legal action in civil court. Your attorney can assist you in filing a lawsuit to seek damages for the harm caused.
- Stay Informed and Involved: Keep yourself informed about your rights and engage in advocacy for civil rights protections in your community. Knowledge and activism are powerful tools for promoting social justice.
At Kirakosian Law, a prestigious law firm in Los Angeles, California, we are dedicated to protecting the civil rights of individuals and holding accountable those who violate these rights.
