The Basics of Employment & Civil Rights Law
What is Employment Law?
Employment law is the section of law that governs the relationship between an employer and an employee. Employment law is not one law, but is actually a collection of various state and federal statutes that have been passed over the years.
For example, the federal law that protects employees who go on medical leave to take care of a covered health condition is the Family Medical Leave Act. This is different from the federal law that requires an employer to make reasonable accommodations when an employee has a disability, which is Title I of the Americans with Disabilities Act. And both of these laws are separate from the federal law that prohibits employers from discriminating against an employee based on race, which is Title VII of the Civil Rights Act.
It is important to look at the right law when determining whether or not you may have a claim.
What is Civil Rights Law?
Civil rights law is the area of law that provides an individual with various personal protections. Similar to employment law, there is not one civil rights law. The United States Constitution is one source of civil rights protections. The Constitution prohibits the government from taking certain actions, like discriminating against citizens based on their religious beliefs. It also provides protections, such as requiring a minimum standard of care if a person is incarcerated or prosecuted in a criminal trial.
But there are other civil rights besides the Constitution. Title III of the Americans with Disabilities Act is a federal law that prohibits a place of public accommodation from discriminating against a disabled individual. The Civil Rights Act of 1964 likewise prohibits a place of public discriminating from denying service to individuals because of their race or nationality. These are just a few examples of laws that provide individuals with their civil rights. If those civil rights are violated then the person may have a claim.
How Employment and Civil Rights are Enforced
How an employment or civil right claim is enforced depends on the statute that provides the protected right. Generally, state laws can be enforced in state court and federal laws, including provisions of the United States Constitution, can be enforced in federal court. Some employment or civil rights claims must also first be filed with a specific state or federal agency so they can investigate the claim before a lawsuit is filed. This is called exhausting administrative remedies and is a prerequisite to some types of employment or civil rights claims.
Because state and federal protections may overlap, a person whose rights were violated may have both a state and federal claim. That person must decide whether to bring those claims in state or federal court. Either way, the person whose rights have been violated will file a lawsuit against the people or entities that violated their rights. The person filing the lawsuit is called the plaintiff.
A lawsuit is instigated by filing a complaint, which is a short and plain statement of facts detailing what rights were violated and how. The other side, called the defendant, then answers the complaint and the case proceeds. Ultimately, the end goal of most litigation is to get to trial, which is where a jury will ultimately decide whether there was a violation of the plaintiff’s rights. If there is a violation then the plaintiff is entitled to damages, which are usually monetary damages, meant to compensate the plaintiff for the violated right. However, most cases settle before going to trial.
Employment and Civil Rights Attorney
There are many different areas of law and most lawyers practice in a few particular areas.
An employment and civil rights attorney is an attorney that represents either the plaintiff or defendant in employment and civil rights cases. They may practice in other areas or not. Van Hall Employment Law focuses primarily on employment and civil rights cases because Attorney Christopher Van Hall has over a decade of experience handling employment and civil rights cases, including litigating such cases in state and federal court.
If you are not sure whether you have an employment or civil rights claim, you can reach out to our office to book a consultation. We can let you know if you have a valid claim and, if so, how you can pursue it.
