What Does a Civil Rights Attorney Do? A Primer

What does a civil rights attorney do? They assist victims of civil rights violations, whether the violation arose from private acts or government overreach.

Everyone has civil rights. Many of them are included in the founding documents, like the U.S. Constitution and the Bill of Rights, that established the nation’s principles. Others came later after a long and painful Civil War. Regardless of the source, these civil rights embody the universal concepts of liberty, freedom, security, and equal treatment.

Common Types of Civil Rights Cases

Civil rights cases can address a broad range of actions by private businesses and government agencies. Although the U.S. Constitution establishes the principles of due process and equal protection, you do not have a lawsuit simply because a person, business, or agency treated you badly.

Instead, you must look at specific rights protected by state and federal civil rights laws. The following types of civil rights cases are among the most common:

Discrimination

U.S. and Virginia laws prohibit discrimination based on many characteristics, including:

• Race
• Color
• National origin
• Alienage
• Sex
• Religion
• Old age
• Disability

Most of these are self-explanatory. But three of these classifications have become critically important in recent cases.

First, national origin refers to many characteristics, including ethnicity, ancestral origin, and language. For example, you might view “Asian” as a race and “Chinese” as a national origin. If someone discriminates against Norwegians but not other Caucasians, they still violate a Norwegian customer’s civil rights.

Second, alienage has become a hot-button issue. It refers to whether someone is an immigrant. People, businesses, and the government cannot discriminate against immigrants or naturalized citizens based on their immigration status. They can, however, refer immigrants who lack visas or other authorizations to the authorities.

Third, sex was the term used when the civil rights laws were passed to refer to discrimination against men or women for being men or women. But since that time, courts and government agencies have reinterpreted sex to include other aspects of a person’s sexuality, including gender identity and sexual orientation.

Civil rights laws prohibit people, businesses, and government agencies from using these classifications to discriminate in a variety of settings, including:

• Employment
• Education
• Housing
• Public accommodations, including restaurants, hotels, and other businesses

Policy Misconduct and Brutality

The U.S. Constitution restricts the use of cruel and unusual punishment. Virginia law also restricts the use of deadly force as well as certain tactics against prisoners and inmates. These laws have been interpreted to outlaw some acts of police brutality.

A federal law codified at 42 U.S.C. section 1983 gives victims the right to sue state officials for violating their civil rights. This section 1983 action is a common form of civil rights lawsuit against state departments and agencies. Importantly, this claim allows you to claim compensation for your losses.

Virginia’s law does not provide an enforcement mechanism, but it sets a standard that police departments must enforce. When they do not, victims can pursue a claim against the department for violating civil rights laws.

Freedom of Speech and Assembly Violations

The government can regulate the time and location of speech. However, it cannot prohibit speech based on content.

For example, a government can require a group to get a permit to hold a protest in the park, but it cannot deny the permit because it disagrees with the group’s message. You can use a section 1983 action to assert a First Amendment claim for compensation.

Unlawful Searches and Seizures

The Fourth Amendment prohibits the government from conducting certain types of searches or seizures. Unfortunately, the police have a lot of discretion in their investigations, so you will not always have a claim for an illegal search or seizure. But if you were targeted for a non-investigative reason, you might have a section 1983 claim.

How a Civil Rights Attorney Protects Your Rights

A civil rights lawyer will analyze your situation and identify any civil rights violations. These cases can be complicated, and the other party rarely admits to violating your rights.

Your civil rights attorney will notify the other party of your claim and determine whether they can settle the case without resorting to litigation. They may negotiate to try to recover compensation. They can even ask for the other party to change its practices so others do not suffer the same violation as you.

What does a civil rights attorney do if a case does not settle? Many civil rights laws include a private enforcement mechanism allowing you to file a lawsuit. You can also file a section 1983 claim against state agencies for violations of the U.S. Constitution.

FAQ

What Are Suspect Classifications?

Suspect classifications are immutable characteristics that cannot be used to discriminate. The four main classifications cover race, color, national origin, and religion.

Any discrimination using these grounds will raise red flags with a court. You will not necessarily win your claim, but the court will strictly scrutinize what happened for any civil rights violations.

When Is Someone Prohibited From Discriminating?

The four main areas where the government prohibits discrimination are employment, education, housing, and public accommodations. For example, a company cannot make hiring, firing, or compensation decisions based on a worker’s race.

Can I Get Compensated for a Civil Rights Violation?

Yes, 42 U.S.C. section 1983 allows people to seek financial compensation for the losses they incurred due to the violation. Similarly, employment laws allow people to seek compensation for back pay, missed promotions and pay raises, and job search costs for work-related discrimination.

Talk to Our Civil Rights Lawyers Today

What does a civil rights attorney do for victims of civil rights violations? In short, they get justice for your improper and illegal treatment. Contact us to discuss your case and how we can help.