Civil Rights Violations

The Constitution of the United Stated was written by our founding fathers with the notion that as citizens of this country we have certain inalienable rights that must be protected. These right include the right to due process, informed consent, appeal, petition for change, equal protection under the law, adult patterns of behavior, education, equal opportunity, and opportunities in a least restrictive setting. A civil right is an enforceable right or privilege, which, if interfered with by another, gives rise to an action for injury.

If you believe you have been the victim of a civil rights violation, you most likely have the option of filing a lawsuit against those responsible for any harm suffered as a result. Following are a few things to consider before filing a lawsuit for a civil rights violation -- including the requirement that you file a government claim before filing a lawsuit in some types of cases, the choice of where to file (federal or state court), and what to expect in a lawsuit.

Before Filing a Lawsuit: Do You Need to File a Government Claim?

For certain types of discrimination and civil rights violation allegations, you MUST file a claim or complaint with a federal or state agency BEFORE you file any private lawsuit in court, and these agencies typically set strict time limits for claim filing. For example, for allegations involving almost all types of employment discrimination, the charging party (i.e. an employee alleging discrimination) must file a complaint with the Equal Employment Opportunity Commission (EEOC) before filing any private lawsuit, and must do so within 180 days of the alleged offense. Only after receiving permission from the EEOC may individuals file a lawsuit. This permission typically comes in the form of a "right to sue" letter issued by the EEOC, usually only after the EEOC has found sufficient evidence that a civil rights violation has occurred.

State agencies may also investigate a complaint for civil rights violations or discrimination, and may work alongside (or in place of) a federal agency. For example, employees who allege job discrimination in California may file a complaint with the California Department of Fair Employment and Housing. As part of its standard procedure, that state agency will usually send the complaint to the EEOC at the federal level, so that it becomes a "dual filing."