When Should I Get a Civil Rights Attorney?

A civil right represents a right granted by the federal government to the citizens of the United States. The first 10 Amendments of the United States Constitution describe the inalienable rights that protect Americans. Inalienable rights represent civil rights the federal government cannot take away, nor can the possessor of the civil rights give away under any circumstances. A civil right also protects American citizens in the workplace, such as prohibiting discrimination based on demographic factors like religion and disability.

Centuries of legal precedents have molded the foundation for the civil rights granted by the United States Constitution. The legal precedents have helped attorneys to fight for the civil rights of clients, as well as protect clients against discriminatory practices. If a party violated your civil rights, you have the legal right to petition a civil court to have your case heard before a judge or jury.

Civil rights cases litigate under three broad legal categories, all of which require the legal support of an experienced civil rights lawyer.

Constitutional Civil Rights

Nearly 200 hundred years before the passage of the Civil Rights Act of 1964, the most important legal document ever written became the foundation for granting civil rights in the United States. The first 10 Amendments to the American Constitution called the Bill of Rights protect American civil liberties. However, the most cited civil rights granted by the United States Constitution include the First, Fourth, and Fifth Amendments.

The First Amendment gives American citizens the right to free speech, peacefully assemble, and practice religious beliefs. Several landmark cases have reached the United States Supreme Court regarding the right to free speech. The Fourth Amendment to the American Constitution prevents law enforcement agencies from conducting unauthorized searches and seizures. This Amendment has received plenty of publicity recently because of a dramatic increase in the issuance of no-knock search warrants. Finally, the Fifth Amendment allows suspects in criminal cases to remain silent during an arrest, as well as have their Miranda Rights read to them by a law enforcement officer.

Employment Discrimination

Title VII of the Civil Rights Act of 1964 makes it unlawful for an employer to discriminate against a worker for any reason. Your employer cannot discriminate against you because of your race, color, gender, religion, disability, or national origin. Subsequent civil rights laws protect workers against age and sexual orientation discrimination. Harassment, such as making physical threats or verbally abusing an employee, is considered under federal law to constitute a form of workplace discrimination.

Housing Discrimination

Another type of civil rights case involves housing discrimination, which follows the same legal principles outlined by Title VII of the Civil Rights Act of 1964. Under the Fair Housing Act of 1968, landlords and property owners cannot discriminate based on the demographic factors listed under Title VII. However, landlords are allowed to make housing decisions based on other factors, such as whether a prospective tenant has a mode of transportation to get to and from work. The reasoning is that without a mode of transportation, a potential tenant cannot generate the income required to pay rent in a timely manner. If you face housing discrimination, you should meet with one of the experienced civil rights lawyers at Morgan & Morgan to determine whether you have a strong enough case to take legal action.

Although data collected by the Equal Employment Opportunity Commission (EEOC) indicates the number of discrimination at work cases has declined in the United States, the fact remains the illegal practice is still common in far too many workplaces. To answer the question, “When should I get a civil rights attorney,” you first have to recognize the most common signs of discrimination in the workplace.

Discriminatory Interview Questions

Employment discrimination not only happens in the workplace; it also occurs during interviews. If you are asked one or more suspicious questions during an interview, the interviewer might have violated Title VII of the Civil Rights Act of 1964. Suspicious questions are especially prevalent when a female interviews for a job. Questions concerning temperament and physical stamina are out of line and should be challenged by speaking with an accomplished civil rights lawyer.

Improper Communication

Abusive and demeaning communication has no place at work. A manager who uses an obviously unpleasant tone might be guilty of discrimination, as well as a colleague who makes abusive comments to another worker. Sexual harassment represents the most common form of discrimination that involves improper communication. From making lewd comments to refusing to stop asking for a date, sexual harassment can devastate the career of an aspiring professional.

Unfair Disciplinary Actions

An unfair disciplinary action, such as suspending a worker because of a disability, is prohibited under Title VII of the United States Constitution. It does not matter if the person taking disciplinary action against you possesses a conscious or unconscious bias. Fortunately, discovering an unfair disciplinary action is easy to do because the act leaves behind a paper trail. Another source of documentation that helps our clients win discrimination cases is the document created that summarizes the results of a performance review.

Unequal Compensation

This is as clear-cut an example of discrimination in the workplace that you will ever experience. Let’s assume a colleague earns $50,000 per year for doing the same job you perform. However, you earn $10,000 less in income in what appears to be a professional slight caused by the color of your skin. You might be a victim of discrimination based on skin color, which Title VII of the Civil Rights Act of 1964 forbids.

Unjust Promotions

Your employer should base promotion decisions on a combination of merit and tenure. If you did not get a much-deserved promotion that went to a less qualified employee, then you might be a victim of discrimination at work. Once again, the results of performance reviews should indicate the level of your skills, as well as highlight your professional accomplishments. If your performance reviews are positive, then you might be a victim of discrimination that has prevented you from advancing in the company.

You should get a civil rights attorney if you feel another party has violated your constitutionally guaranteed civil liberties, as well as if your employer has committed one or more acts of discrimination against you.

A civil rights lawyer helps you seek monetary damages for enduring an illegal search and seizure. You might have a strong enough case if your civil rights attorney can prove a law enforcement officer did not read your Miranda Rights. Civil rights lawyers are especially helpful in getting an unjust conviction overturned because a law enforcement officer failed to let a suspect know about the right to remain silent. Any violations of the First Amendment to the United State Constitution should motivate you to search for an experienced civil rights attorney.

Knowing the answer to the question, “When should I get a civil rights lawyer,” should help you get the legal representation that you deserve. Any acts of discrimination made against you at work should prompt you to contact a civil rights attorney. If your employer passed over you for a promotion because of your age, race, gender, or any other demographic factor listed under Title VII of the Civil Rights Act of 1964, you should get a civil rights lawyer to review your case.

Proving one or more violations of civil rights law requires the expert legal support of a state-licensed civil rights attorney. Your legal counsel conducts a thorough investigation that includes the collection of evidence, as well as interviews conducted with witnesses. If you are a victim of a civil rights violation concerning one of the rights granted in the United States Constitution, an experienced civil rights lawyer knows how to acquire the evidence needed to file a successful civil rights lawsuit.

Take action today by scheduling a free case evaluation with one of the reputable civil rights attorneys at Morgan & Morgan.