Civ Pro: Civil Rights Primer

This post in the Civ Pro series provides introductory resources to help pro se (self-represented) litigants understand their civil rights and what actions are available if a civil right is violated or infringed.

 

What are civil rights?

Civil rights are freedoms and protections supported by the law for all citizens. Civil rights are different from civil liberties, which are the specific rights and freedoms outlined in the Bill of Rights.

There are protected categories, or classes, under the law that protect civil rights against discrimination based on these classes. The protected classes are: race, sex, religion, disability or ability, and age.  Discrimination itself is broken down into general scenarios, including: employment, housing, or education discrimination. Other discrimination can include disability rights or access, veteran’s services, public accommodations, voting rights, religious expression, immigration and asylum, healthcare, and/or credit/lending discrimination.

 

Which laws protect my civil rights?

The following laws provide civil rights protections at the federal and state level. This is not a comprehensive list. You may also view the United States Code and Constitution online.

Federal

Texas

 

What do I do if my civil rights have been violated?

Most civil rights are protected by specific government agencies at the state and federal level. Generally, these agencies require for you to first submit a formal complaint to the appropriate agency, depending on the civil rights violation, before pursuing a private lawsuit of discrimination or civil rights violation.

 

Where to report civil rights violations or discrimination

Education

Complaints about civil rights violations or discrimination by an educational institution can be directed to the U.S. Department of Education Office for Civil Rights or the Texas Education Agency.

Employment

Generally, you must file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission (TWC) before you may file a private lawsuit against an employer for discrimination.

Healthcare, medical care, and benefits

If you feel like your civil rights were violated when applying for benefits or services from an agency of Texas Health and Human Services, file a complaint with the HHSC Civil Rights Office. You may also submit a complaint with the U.S. Department of Health & Human Services.

Housing

Housing discrimination complaints can be directed to the U.S. Department of Housing and Urban Development, the Texas Workforce Commission, or your local Fair Housing Office.

Disability

The Americans with Disabilities Act is a comprehensive law that protect the civil rights of those with physical, mental, or emotional disabilities. If you believe you have been discriminated against because of a disability, contact the Civil Rights Division of the U.S. Department of Justice. However, complaints about employment, housing, or medical benefits should be made to the appropriate agencies, even if the violation involves discrimination based on disability. If the complaint of disability discrimination involves air travel with a specific airline, you may file a complaint with the U.S. Department of Transportation.

Voting

File a complaint with the U.S. Election Assistance Commission in cases of voting rights violations or discrimination. In Texas, report voting rights violations to the Elections Division of the Secretary of State, or your local election official.

General Civil rights

The Civil Rights Division of the Department of Justice investigates all other claims of civil rights violations that are not protected by a specific state or federal agency.

 

What is a Section 1983 lawsuit?

A Section 1983 lawsuit is a well-known civil rights lawsuit. 42 U.S. Code, Section 1983 provides the right to bring a civil rights lawsuit against a state or federal agent or representative who has violated an individual’s or group’s civil or constitutional rights through the legal system. For more information about filing a complaint or grievance against a law enforcement agent, see the following resources:

 

Civil rights violations by individuals or groups

Some crimes committed by individuals can violate or otherwise affect another individual’s civil rights. For example, sexual assault survivors are guaranteed certain civil rights while the crime is being investigated and prosecuted, and are able to pursue a civil lawsuit against the accused perpetrator in addition to criminal charges.

Hate crimes are the most obvious and egregious violations of an individual’s or group’s civil rights by another individual or group. Hate crimes are a federal offense as defined in 18 U.S. Code, Section 249. The U.S. Department of Justice and the Federal Bureau of Investigation are the federal agencies responsible for investigating and prosecuting hate crimes.

 

How to start a civil rights case

If you do not wish to submit a complaint via a government agency, you may file a civil rights lawsuit with a civil court.

In civil procedure, when starting a case, it is important to figure out which court to file your case in. Generally, civil rights lawsuits are filed with a state or federal civil court. At the state level, these include district courts and state supreme courts. At the federal level, federal district courts hear cases that are relevant to federal laws or the U.S. Constitution.

Forms

The U.S. Department of Justice provides a Civil Rights Complaint Form for the Southern District of Texas. Also available online is a general Complaint for Violation of Civil Rights for a United States District Court.

 

Where to go for help

It is always best to consult with an attorney when deciding what legal action to take. The following organizations offer legal information and representation for civil rights claims and lawsuits:

 

Resources on Your Civil Rights from TexasLawHelp.org