Civil Rights & Employment

Civil Rights and Employment

Freedoms of speech, press, and assembly are American rights. In addition:

  • the right to vote
  • freedom from involuntary servitude
  • the right to equality in public places are all civil rights.

Discrimination is when an individual losses their civil rights  because they belong to a certain group or class. Accordingly, statutes exist to prevent discrimination based on:

  • race
  • sex
  • religion
  • age
  • physical limitation
  • nationality
  • sexual orientation

 

This firm has handled a variety of civil rights cases. Some of those cases included police brutality, malicious prosecution, discrimination, and sexual harassment.

 

If you feel your civil rights are violated, call us for a free and confidential consultation.

Call our office today for a FREE review of your case. We typically work on a contingent agreement basis, which means our fees are contingent upon the outcome of your case.

 

Don’t Delay! You may have a valid claim! Let us help you get your compensation before the statute of limitations expires!

IF YOU OR A LOVED ONE IS IN NEED OF LEGAL ASSISTANCE, CONTACT US NOW.

Don’t wait to get started. Let’s get together now.

This firm has handled a variety of civil rights cases.

Employment Discrimination: Overview

 

Employment Discrimination laws seek to prevent employers from discriminating on a variety of factors. Traits such as:

  • race
  • sex
  • religion
  • national origin
  • physical disability
  • age

In recent years, the body of law around employment discrimination has grown. Especially for cases based on sexual orientation.

Discriminatory practice can include bias in:

  • job assignment
  • compensation
  • promotion
  • firing
  • various types of harassment
  • hiring

Federal and State Employers

The Fifth and Fourteenth Amendments of the United States Constitution cover discrimination in government. Specifically, these amendments limit the power of federal and state governments to discriminate. The federal government can not deprive someone of life, liberty, or property without due process of the law. Furthermore, they guarantee that each person receive equal protection of the law.
 
The right of equal protection limits the power of state and federal governments. They can not discriminate in their employment practices. For example, by treating job applicants, employees, or former employees unequally. Discrimination because of membership in a group, such as a race or sex, is also unlawful.
 
An employee has a right to due process if terminated. Due process protection requires that employees have a fair procedural process before termination.
 
State constitutions may also protect from employment discrimination.

 

Private Sector Employers

 
The Constitution does not directly constrain the private sector. But it has become subject to a growing body of federal and state laws.
 
The Equal Pay Act covers wages. It prohibits employers and unions to pay wages based on sex. In brief, where workers perform equal work, they should receive equal pay.
 
However, it does not prohibit discriminatory practices in hiring.
 
Title VII of the Civil Rights Act of 1964 covers many aspects of employment discrimination. The act prohibits discrimination based on:
  • race
  • color
  • national origin
  • religion
  • sex
  • pregnancy
  • childbirth
  • medical conditions
Employment agencies may not discriminate when hiring or referring applicants. Also, the Act prohibits labor organizations from basing membership or union classifications on sex, religion, national origin, race, or color.
 
The Nineteenth Century Civil Rights Act insures all persons equal rights under the law. Furthermore, it outlines the damages available to victims under previous civil rights acts.
 
The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating on the basis of age. The act protects employees from discrimination based on age if he or she is over 40. In addition, it provides guidelines for retirement, pension, and benefit plans.

Don’t Delay, Call Clay!

If you feel your civil rights have been violated, call us for a free and confidential consultation.

The Equal Opportunity Employment Commission (EEOC)

The Equal Opportunity Employment Commission (EEOC) interprets and enforces:

  • Age Discrimination in Employment Act
  • The Equal Payment Act
  • Title VII
  • Americans With Disabilities Act
  • The Rehabilitation Act

 

The Commission was established by Title VII. Its enforcement provisions are contained in section 2000e-5 of Title 42. Title 29 of the Code of Federal Regulations, part 1614 contains its regulations and guidelines.

The Americans with Disabilities Act (ADA) was enacted to eliminate discrimination against those with handicaps.

Extensive protection from employment discrimination which are not covered by federal acts are provided by state statutes.