If someone violated your civil liberties, a civil rights lawyer could advocate on your behalf. It can be challenging to know if you have a civil rights violation, but a Chicago civil rights attorney can talk to you and determine whether you might qualify to take legal action because of the mistreatment. These cases are complicated.
If you wish to take legal action against a government official, employee, or agency, you might have to go through an administrative claims process before you can file a lawsuit. If the law requires you to exhaust your administrative remedies in your situation, failure to do so can bar you from taking legal action in court.
Common Types of Civil Rights Cases
Most offensive conduct does not amount to a violation of an individual’s civil rights. The law expects people to have a certain amount of “thick skin” and not run to the courthouse every time someone is rude. Civil rights violations involve profound levels of mistreatment, usually based on illegal discrimination. Here are some examples of things that can be civil rights violations:
Employment Discrimination
Discrimination in the workplace can violate an individual’s civil rights if:
- An employer treats an employee differently than their coworkers because they are a woman, an older worker (age 50 or above), a member of a racial minority, or some other protected class. Treating an employee differently can mean passing the individual over for promotion based on discrimination, firing the person, or refusing to make reasonable accommodations for the individual’s disability.
- Sexual harassment and a hostile work environment can also amount to civil rights violations.
Law Enforcement Discrimination
Law enforcement must treat all members of the public fairly and equally, without disparity based on a protected class. It can be a civil rights violation if:
- A police officer arrests an individual motivated by illegal discrimination rather than based on probable cause.
- Unreasonable searches and seizures can be another form of possible civil rights violation if you can show that the conduct was based on illegal discrimination.
- When an inmate gets assaulted by a corrections officer while in custody or denied appropriate medical treatment, the facility could get sued for civil rights violations.
Public Discrimination
- If a public official is physically or verbally abusive to a member of the public based on illegal discrimination, the official might have violated that individual’s civil rights.
A civil rights attorney can evaluate your situation to see if you might have a civil rights violation claim.
What is Illegal Discrimination?
It is against the law for an employer, landlord, or government employee to mistreat a person based on a protected category, like religion, race, gender, or disability. There are federal and state laws that prohibit illegal discrimination. Depending on the situation, there may be additional protected categories, like national origin, sexual preference or identity, and other groups.
Anti-discrimination laws do not apply to everyone. For example, if your neighbor made a rude and offensive statement to you about your religion, that is probably not a civil rights violation. Also, small employers are not subject to anti-discrimination laws generally. On the other hand, large employers, educational institutions, landlords, and police officers could get sued for civil rights violations if they engage in illegal discrimination.
Contact Our Chicago Civil Rights Attorneys To Protect Your Rights
People often err at both ends of the spectrum on identifying what is a civil rights violation. Some people might think that any rude or offensive conduct qualifies as a civil rights violation, while others might not recognize a glaring violation of civil rights. It is best to talk to a Chicago civil rights attorney if you think that someone might have violated your civil rights. Contact our office today for legal assistance, we offer a free consultation.