Orange County Civil Rights Attorney

Orange County Civil Rights Lawyer

Everyone is entitled to certain rights. Sometimes, those rights are taken for granted. However, when one or more of your rights are disrespected, it is only fair to seek justice. Whether you faced sexual harassment in the workplace or police brutality during an arrest, you should hold the responsible party accountable. An Orange County civil rights attorney can help you defend your rights.

At the Law Offices of Christopher J. McCann, APC, we can fight tirelessly to protect you and your civil rights. We have significant experience in this area of the law, so we know how to create an effective legal strategy.

What a Civil Rights Attorney Can Do for You

A civil rights lawyer’s job is to defend any rights that were violated and seek justice and fair treatment. They assure those who have little to no power that their rights matter and that they deserve justice. These lawyers advocate for the unheard voices of victims who have experienced unfair treatment based on their sexual orientation, gender, religious background, race, or ethnicity. Civil rights cases can involve companies, law enforcement, and places of employment.

A civil rights attorney defends and protects their clients using their knowledge of state and federal civil rights laws. A few examples of civil rights include the legal right to vote, the right to a fair trial, the right to public education, and the right to public facilities usage.

California’s Federal Civil Rights Laws

A commonly known civil rights law in California is the Unruh Civil Rights Act. Passed in 1959, this law holds businesses accountable for discriminating against customers due to race, gender, religion, disability, or any other protected group. It has often been used to protect people with disabilities. All California businesses must adhere to this law.

California’s Fair Employment and Housing Act states that all California workers are protected from discrimination and harassment on the basis of any protected characteristic, including:

• Disability
• Age (for those over 40)
• Sex and gender
• Ancestry
• Color
• Sexual orientation
• Creed
• Gender identity and expression
• Marital status
• National origin
• Military status
• Genetic information

California’s protections are more extensive than those listed in federal law. Workers are also protected from discrimination, harassment, or other forms of retaliation that might occur as a result of requesting legally protected leave or engaging in other protected activities.

Another commonly known federal civil rights law is the Civil Acts Act of 1964. This law states that any discrimination based on religion, race, color, ethnicity, or gender is illegal. Its purpose is to protect people’s rights from discrimination related to employment, housing, accessing credit, education, voting, or accessing public accommodations.

Different Types of Civil Rights Violations

There are many different types of civil rights that can be violated. If you’ve been a victim of discrimination in Orange County, it can be helpful to have a Orange County Civil Rights Attorney walk you through the legal process to achieve the justice you deserve.

What Is Discrimination?

If you have been treated differently due to your race, ethnicity, gender, age, religious background, or disability, you have been discriminated against. Some examples of discrimination are a company not hiring someone based on their gender or a person being denied access to a particular business because of their race. In both cases, those individuals’ rights have been violated. Below are some of the types of cases that civil rights attorneys handle.

Racial Discrimination

Both state and federal laws express that it is illegal to discriminate against someone based on their race within the workplace. Unfortunately, people of particular races and ethnicities are still overlooked when it comes to hiring or promotions. Employers who discriminate based on race and ethnicity are violating citizens’ rights and must be held accountable.

Racial discrimination can come in many forms but is usually summed up by either disparate treatment or disparate impact. In the workplace, disparate treatment means that an applicant or a worker was purposefully discriminated against due to their color or race. Disparate impact implies that an employer has certain policies in place that may negatively affect particular groups of employees. Both types of racial discrimination are against the law.

Disability and Pregnancy Discrimination

Laws are put in place to protect those who have disabilities or are pregnant and in the workforce in Orange County, California. It is illegal to discriminate against an individual who has a disability or is pregnant. Terminating them for those reasons is also against the law. If you have been a victim of this type of discrimination, you deserve justice.

Pregnant employees are also entitled to pregnancy disability leave. For each pregnancy, they can receive up to four months of leave. This leave can be taken before or after birth, as long as the worker lacks the ability to work due to their pregnancy or a condition that arose as a result of their pregnancy. If you request pregnancy disability leave and are retaliated against as a result, you could have a case against your employer.

Sexual Harassment

Sexual harassment is seen as a violation of the victim’s civil rights based on gender and is, therefore, classified as a kind of discrimination. It infringes upon the Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act. Any kind of unwanted sexual advances, suggestive language, or physical misconduct that creates a hostile environment is sexual harassment, which is illegal.

This kind of discrimination in the workplace can come from managers, supervisors, co-workers, or, in some cases, clients. Unfortunately, it is more common for women to be targeted for sexual harassment, but men suffer from it as well. Regardless of who has harassed you and the reasoning behind it, it is illegal and a violation of your civil rights.

ADA Violations

The Americans with Disabilities Act (ADA) is a federal civil rights law that is designed to protect all Americans with disabilities from being discriminated against or prevented from participating in certain activities. It allows people with disabilities the same freedoms as others in employment opportunities, buying materials or services, and taking part in state and local government-run programming.

The ADA mandates certain requirements for employers, state and local governments, transportation providers, businesses open to everyone, and telecommunication companies. ADA requirements include ramps for wheelchair access into buildings, wheelchair access in restrooms, and wheelchair access into buses. These regulations must be followed to prevent violations of civil rights.

Law Enforcement Issues and Police Brutality

The people placed in positions of power who are supposed to protect citizens’ rights are sometimes the ones violating those rights. In recent years, police violence, police brutality, and police misconduct have become more prevalent. This has led to other violations of citizens’ rights, such as false arrest, wrongful imprisonment, and cruel and unusual punishment.

In extreme cases, some people have died at the hands of law enforcement. A brutality attorney can assist you if you have suffered from this kind of civil rights violation.

Malicious Prosecution

Malicious prosecution is another type of civil law case involving someone else filing a frivolous claim against you. This can lead to you being charged and suffering damages for something you did not do. Frivolous claims are not based on merit. The person filing the claim has another motive behind it, such as trying to inflict harm on the one being prosecuted or harassing that person.

If a person has been falsely accused of a crime, which results in criminal charges, that person has a right to file a civil claim against the individual responsible for the invalid accusation.

Conviction History

If you have a history of criminal charges, it can be difficult to find a job due to your past. However, California’s Fair Chance Act allows for some protections through the job application and interview process. Most California businesses with at least five employees are prohibited from looking up an applicant’s past criminal records or asking about any criminal history.

Background checks are still permissible. They can’t, however, be used to immediately disqualify you for criminal history.

False Imprisonment

False imprisonment involves one person purposefully restraining another without the consent of the person or without having the legal authority to do so. Much like kidnapping, it takes away the person’s freedom of choice by forcing the person to stay somewhere they do not wish to stay.

This can include instances such as tying someone to a chair, locking someone in a room, or refusing to let someone leave the premises by grabbing their arm. False imprisonment is illegal and a violation of civil rights.

False imprisonment can also include using a hostage for the purpose of resisting arrest from the police. A hostage is someone held against their will using violence or threats of violence to keep that person from escaping. This is against the law and a violation of that person’s rights.

Prisoner Abuse

While those who have been incarcerated lose many of their rights, they do not lose all of them. Prisoners have the right to humane treatment, free from abuse. Prisoners also have the right to have their basic needs met, such as having food and water, running water, and a clean environment. Other rights include having access to medical care and mental health care, free from discrimination, and freedom from sexual harassment and assault.

If a prisoner has been treated unfairly or with excessive force, their rights have been violated.

Violation of Rights of Those with Mental Illnesses

The California Department of Healthcare Services requires that agencies and businesses adhere to all mental health rules, regulations, and policies. This is not only to benefit those with mental illness but to make sure they are treated fairly and equally.

Those who are receiving healthcare in a mental health care facility, even those who have been taken to the facility involuntarily, have rights as patients. This includes not being neglected or abused, having freedom of privacy, and being treated humanely and with dignity.

Workplace Safety and Retaliation

Employees have the right to a safe work environment. Certain jobs are more dangerous than others, such as construction work and, at times, healthcare, but employers need to provide employees with proper safety training, as well as personal protective equipment.

Even for those who work in an office setting, safety hazards can still arise. It is the employer’s job to keep their employees protected from these hazards, but some fail to do so. Employees may be hesitant to report these unsafe conditions due to fear of retaliation. However, whistleblower protections are in place to protect employees from negative repercussions.

Immigration Issues

The state of California has civil rights laws in place to protect immigrants to the United States despite their immigration status. These laws protect immigrants from being:

• Terminated from their job
• Harassed at work
• Discriminated against in the workplace due to their nationality, ethnicity, race, language spoken, ancestry, gender, or religion

Freedom of Speech

According to the First Amendment, you have the right to freely speak your opinion, even if it differs from others. You have the right to speak against government officials without being afraid of incarceration or retaliation.

You also have the right to express yourself through demonstrations and protests. Many forms of expression are protected under civil rights laws. Even expressions that are considered offensive, such as crude language, disrespectful speech, hand gestures, and videotaping, are all protected rights.

Although it is against the law, a police officer or government official may retaliate against this freedom by making an arrest, using brute force, or, in some cases, breaking any recording equipment being used to film the event. When this takes place, you have the right to fight for your civil rights that were violated.

Consult an Orange County, California, Civil Rights Attorney and Get the Help You Need

Everyone has rights, as stated in California law and the United States Constitution, but sometimes, these rights are violated by others. When these freedoms are disrespected, it is your right to seek justice. Hiring an Orange County civil rights attorney can help defend you and your rights. Contact the Law Offices of Christopher J. McCann, APC, to discuss your legal options.