What is a Civil Rights Claim?

Zeineh Law Can Help You Determine if Your Michigan OWI Is Eligible for Expungement 

A civil rights claim involves the violation of protected personal rights guaranteed under the United States Constitution of equal protection and fair treatment. At the federal level, Congress passed federal civil rights statutes in 1957 and 1964. In Michigan, civil rights claims mostly fall under the Elliott-Larsen Civil Rights Act, first passed in 1976. Since its passing, the Elliott-Larsen Civil Rights Act has been amended nearly 20 times. Currently, Michigan civil rights laws make it illegal to discriminate on the basis of: 

• Race, 
• Religion, 
• Color, 
• National origin, 
• Age, 
• Sex, 
• Disability, 
• Genetic information, 
• Marital status, 
• Familial status, 
• Height, 
• Weight, and 
• Arrest record. 

In a landmark decision, the United States Supreme Court recently ruled that LGBTQ individuals are also protected under federal civil rights law. While this ruling applies across the country, there are still legal gaps that will be filled as LGBTQ discrimination cases are pushed forward. Several groups in Michigan are advocating for statewide Michigan legislation to fully protect LGBTQ individuals under the Elliott-Larsen Civil Rights Act. If you believe you have a civil rights claim, then it is important to speak to an experienced civil rights attorney as soon as possible.

WHAT ARE THE MOST COMMONLY FILED CIVIL RIGHTS CLAIMS IN MICHIGAN?

In Michigan, it is against the law to discriminate in the areas of police/Law enforcement, employment, education, public service, housing, and public accommodation. It is unfortunately too common for civil rights violations to occur in the workplace. Violations can include an individual not being given an equal opportunity for jobs or promotions. Violent and unethical police officers have also shown an ugly side historically when people from different races and backgrounds are mistreated. The most commonly filed civil rights claims in Michigan include:

• Sexual harassment
• Police misconduct or brutality
• Fair Housing Act (FHA) violations
• Interference with religious practice or worship
• Cyberbullying
• Age discrimination
• Educational harassment or discrimination
• Malicious prosecution

Many other types of civil rights claims can be filed depending on the facts and circumstances. One avenue to help investigate civil rights violations is through the Michigan Department of Civil Rights (MDCR). The MDCR is an investigative body that will investigate a claim of unfair treatment. As long as a claim is made within 180 days of the alleged occurrence, then the MDCR will investigate. The MDCR will complete an investigation and will attempt to try to resolve any disputes between the parties. The MDCR, however, does not have legal jurisdiction or authority over a case, the organization exists to investigate and try to resolve claims outside of court. It is not required that you file your claim with the MDCR before filing a claim in court. Before you do anything, it is important to understand the law and how it applies to you. The best way to do this is to speak to an experienced civil rights attorney who can help you.

HOW AN EXPERIENCED ATTORNEY CAN HELP

An experienced attorney can help evaluate your case’s strengths and weaknesses to decide the best way to approach your case. Since most civil rights claims usually require an in-depth investigation, a thorough evaluation of the series of events is critical to determining the correct legal approach. Whether you have been the subject of discrimination in your employment, housing, or by treatment of law enforcement, it is important to have the strongest legal team possible. If you are suing a company or the government for discrimination, expect that they will have strong and experienced attorneys and law firms on their side to help defend them. Make sure you have an attorney not only experienced in filing civil rights claims but is experienced in winning civil rights claims. If you have legal questions, then call us at Zeineh Law so we can help!

ZEINEH LAW PROUDLY OFFERS A FREE CONSULTATION

If you are a victim of a civil rights violation, then it is important to speak to an experienced civil rights attorney immediately. At Zeineh Law, we are proud to offer FREE consultations to all prospective clients. If you are in the process of choosing your attorney or are looking for an honest assessment of your legal situation, then our attorneys are available to help you now. Feel free to contact us anytime at (517) 292-7000 or online. Our advice is free, and our conversations will always be protected by the attorney-client privilege. Make your first choice towards justice with a consultation with an experienced civil rights attorney at Zeineh Law today.