Genesee County, MI Civil Rights Lawyer & Attorney

Genesee County, MI Civil Rights Lawyer & Attorney

Civil rights are the fundamental rights and freedoms guaranteed to all individuals by the Constitution and federal and state laws. These rights are designed to protect individuals from discrimination and ensure equal treatment under the law, regardless of race, color, religion, sex, national origin, age, disability, and other protected characteristics. Civil rights include the right to free speech, the right to privacy, the right to equal protection under the law, and the right to due process.

Key Federal and State Civil Rights Laws

Civil Rights Act

The Civil Rights Act of 1964 is a landmark federal law that prohibits discrimination based on race, color, religion, sex, or national origin. It covers various aspects of public life, including employment (Title VII), education (Title IV), and public accommodations (Title II). The Act aims to eliminate segregation and ensure equal opportunities for all individuals.

Americans with Disabilities Act (ADA)

The ADA is a comprehensive federal law that prohibits discrimination against individuals with disabilities in all areas of public life, including employment, education, transportation, and public accommodations. The ADA requires reasonable accommodations to be provided to individuals with disabilities to ensure they have equal opportunities to participate in society.

Fair Housing Act

The Fair Housing Act is a federal law that prohibits discrimination in housing based on race, color, religion, sex, national origin, familial status, or disability. It ensures equal access to housing opportunities and protects individuals from discriminatory practices in renting, buying, or financing a home.

Michigan Elliott-Larsen Civil Rights Act

The Elliott-Larsen Civil Rights Act is a state law in Michigan that prohibits discrimination based on religion, race, color, national origin, age, sex, height, weight, familial status, or marital status. It applies to employment, housing, education, and public accommodations, providing broad protections against discrimination at the state level.

Types of Civil Rights Cases

Employment Discrimination

Employment discrimination involves unfair treatment of employees or job applicants based on protected characteristics such as race, color, religion, sex, national origin, age, disability, or genetic information. Common forms of employment discrimination include:

• Unfair Hiring Practices: Refusing to hire or considering an applicant based on their protected characteristics.
• Workplace Harassment: Subjecting employees to a hostile work environment through derogatory comments, jokes, or unwanted physical contact.
• Unequal Pay: Paying employees differently for the same work based on discriminatory reasons.
• Wrongful Termination: Firing an employee based on their protected characteristics rather than job performance.

Police Misconduct and Brutality

Police misconduct and brutality cases involve law enforcement officers abusing their power, resulting in violations of individuals' civil rights. These cases often include:

• Excessive Force: Using more physical force than necessary to apprehend or detain an individual.
• Unlawful Arrests: Detaining or arresting individuals without probable cause or legal justification.
• Racial Profiling: Targeting individuals for suspicion of crime based on their race, ethnicity, or national origin.
• In-Custody Abuse: Mistreatment of individuals while they are in police custody, including physical abuse, denial of medical care, and inhumane conditions.

Housing Discrimination

Housing discrimination occurs when individuals are treated unfairly in housing-related activities based on protected characteristics. Key areas of housing discrimination include:

• Rental Practices: Refusing to rent or imposing different terms and conditions based on race, color, religion, sex, national origin, familial status, or disability.
• Sale of Property: Denying the sale of property or providing unfavorable terms to individuals based on protected characteristics.
• Mortgage Lending: Discriminatory practices in mortgage lending, such as higher interest rates or denial of loans based on race or ethnicity.
• Harassment: Harassing tenants or homeowners based on their protected characteristics, including verbal abuse, threats, and intimidation.

Disability Rights Violations

Disability rights violations involve denying individuals with disabilities equal access to opportunities, services, and accommodations. Common violations include:

• Failure to Provide Reasonable Accommodations: Not providing necessary adjustments or modifications to enable individuals with disabilities to perform their job or access services.
• Inaccessible Facilities: Buildings, public spaces, or transportation that are not accessible to individuals with disabilities.
• Discriminatory Practices: Unfair treatment in employment, education, housing, or public services based on disability.

Voting Rights Violations

Voting rights violations occur when individuals are denied their right to vote or face obstacles that prevent them from voting. Common issues include:

• Voter Suppression: Tactics aimed at discouraging or preventing specific groups from voting, such as restrictive ID laws, purging voter rolls, and limiting polling locations.
• Discriminatory Redistricting: Drawing electoral district boundaries to dilute the voting power of specific racial or ethnic groups.
• Unequal Access to Voting Facilities: Providing inadequate or inaccessible voting facilities in certain areas, making it difficult for residents to vote.

Educational Discrimination

Educational discrimination involves denying students equal access to educational opportunities based on protected characteristics. Examples include:

• Discriminatory Admission Practices: Unfair admission criteria that favor or disfavor students based on race, ethnicity, gender, or disability.
• Unequal Treatment in the Classroom: Differential treatment of students by teachers or staff based on their protected characteristics.
• Harassment and Bullying: Verbal or physical harassment of students based on race, religion, gender, or disability, creating a hostile learning environment.

Legal Framework Governing Civil Rights Cases

Federal and State Agencies Involved in Civil Rights Enforcement

Equal Employment Opportunity Commission (EEOC)

The EEOC is a federal agency responsible for enforcing federal laws that prohibit employment discrimination based on race, color, religion, sex, national origin, age, disability, or genetic information. The EEOC investigates discrimination complaints, mediates disputes, and may file lawsuits on behalf of victims. It also provides guidance and education on preventing workplace discrimination.

U.S. Department of Housing and Urban Development (HUD)

HUD is a federal agency that enforces the Fair Housing Act, which prohibits discrimination in housing-related activities based on race, color, religion, sex, national origin, familial status, or disability. HUD investigates complaints of housing discrimination, conducts compliance reviews, and can initiate enforcement actions against violators. It also offers education and outreach programs to promote fair housing practices.

Michigan Department of Civil Rights (MDCR)

The MDCR is a state agency that enforces Michigan's civil rights laws, including the Elliott-Larsen Civil Rights Act and the Persons with Disabilities Civil Rights Act. The MDCR investigates discrimination complaints, conducts hearings, and can take enforcement actions. It also provides education and outreach to promote civil rights and prevent discrimination within the state.

Filing a Civil Rights Complaint

If you believe your civil rights have been violated, it is essential to file a complaint with the appropriate agency. The process typically involves the following steps:

1. Identify the Appropriate Agency: Determine which agency has jurisdiction over your specific type of complaint (e.g., EEOC for employment discrimination, HUD for housing discrimination).
2. File the Complaint: Submit a formal complaint to the relevant agency. This can usually be done online, by mail, or in person. The complaint should include detailed information about the alleged violation, including dates, parties involved, and supporting evidence.
3. Agency Investigation: The agency will review your complaint and may conduct an investigation, which could involve interviews, document reviews, and site visits.
4. Mediation or Conciliation: In some cases, the agency may offer mediation or conciliation services to help resolve the dispute without litigation.
5. Enforcement Action: If the investigation finds evidence of a civil rights violation and a resolution cannot be reached, the agency may take enforcement action, which could include filing a lawsuit on your behalf.

Types of Compensation Available in Civil Rights Cases

Compensatory Damages

Compensatory damages are intended to compensate the victim for the actual losses and harm suffered due to the civil rights violation. These damages can be economic or non-economic and include:

• Economic Damages: These cover tangible losses that have a specific monetary value, such as:
  • Lost Wages: Compensation for income lost due to wrongful termination, suspension, or other employment discrimination.
  • Medical Expenses: Reimbursement for medical treatment, therapy, and rehabilitation costs related to physical or psychological injuries caused by the violation.
  • Property Damage: Compensation for any damage to property resulting from the violation.
• Non-Economic Damages: These cover intangible losses that do not have a specific monetary value, such as:
  • Pain and Suffering: Compensation for physical pain and emotional distress experienced as a result of the violation.
  • Loss of Enjoyment of Life: Compensation for the impact on the victim’s quality of life and ability to enjoy daily activities.
  • Emotional Distress: Compensation for mental anguish, anxiety, depression, and other psychological effects of the violation.

Punitive Damages

Punitive damages, also known as exemplary damages, are awarded in cases where the defendant’s conduct was particularly egregious, malicious, or reckless. These damages are intended to punish the wrongdoer and deter similar behavior in the future. Punitive damages are not always available in civil rights cases but can be awarded when the court finds that the defendant’s actions warrant additional punishment beyond compensatory damages.

Injunctive Relief

Injunctive relief involves a court order requiring the defendant to take specific actions or refrain from certain behaviors to prevent further harm. This type of relief is particularly important in civil rights cases, as it can help to:

• Stop Ongoing Discrimination: An injunction can order an employer, housing provider, or other entity to cease discriminatory practices immediately.
• Implement Policy Changes: The court can require the defendant to implement new policies and procedures to prevent future violations.
• Provide Access or Accommodations: In cases involving disability rights, an injunction can mandate reasonable accommodations or accessibility improvements.

Attorney’s Fees and Court Costs

Civil rights laws often allow the prevailing party to recover attorney’s fees and court costs from the defendant. This provision ensures that victims of civil rights violations are not deterred from seeking justice due to the financial burden of legal expenses. Recoverable costs can include:

• Attorney’s Fees: Compensation for the legal fees incurred by the plaintiff’s attorney in pursuing the case.
• Court Costs: Reimbursement for expenses related to filing fees, court transcripts, expert witness fees, and other costs associated with litigation.

Contact Marko Law

If you believe your civil rights have been violated in Genesee County, MI, it is crucial to seek legal assistance promptly. At Marko Law, we are dedicated to providing expert legal support to help you navigate this challenging time. Our experienced civil rights attorneys are ready to offer you a free consultation to discuss your case, evaluate your options, and outline the best course of action for securing justice and compensation.

Contact Details

• Main Office:
  220 W. Congress, 4th Floor
  Detroit, MI 48226
• Phone Numbers:

1-833-MARKO-LAW (1-833-627-5652)

1-313-777-7LAW (1-313-777-7529)

• Email: info@markolaw.com
• Website: Marko Law