EEOC Complaint and Accusations

Civil rights also include protections against the use of excessive force by law enforcement agencies, or police brutality, illegal detention, and threats to freedom of expression.

If you believe that your civil rights were not respected, then you have the option of initiating a lawsuit against those responsible for the damages you have suffered as a result of the abuse.

Before beginning a civil rights complaint process, you should consider the following aspects.

 

Speak with a qualified employment discrimination attorney today

 

This article is intended to be helpful and informative, but legal matters can be complicated and stressful. A qualified employment discrimination attorney can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact EEOC defense lawyer to discuss your unique legal situation.

 

Should I file a claim with the government offices before filing the claim?

 

It all depends on the type of complaint for discrimination and violation of civil rights that you are going to make. Some lawsuits require you to file a claim with a federal or state body before starting a private lawsuit in court.

Government offices usually set very specific and strict deadlines for filing the claim. Therefore, it is very important to do so in good time to prevent your cause from being nullified and losing the opportunity to defend your rights.

For example:

When to go to a federal government agency? When the complaint is for some type of employment discrimination, the complainant or the employee who reports the violation must file a complaint with the Equal Employment Opportunity Commission (EEOC) before filing a complaint against your employer. Also, you must do so within 180 days of the offense.

EEOC must issue a “right to demand” letter after it has established, through testing, that there was a civil rights violation. After receiving authorization from the EEOC, your lawsuit begins.

Even your state agencies also have the right to investigate a claim for civil rights violations or discrimination, and can work in conjunction or in lieu of the federal agency.

For example:

When to go to a state office? Employees who report employment discrimination in California can file a complaint with the California Department of Fair Employment and Housing; and as part of its regular procedure, this state office will send the complaint directly to the EEOC (federal entity), thus becoming a “double filing”.

The legal procedures for claims are often very complicated because the law establishes many details and processes to follow. The first step, so that your problem is solved according to your interests, is to consult with a lawyer specialized in civil rights cases, who can clearly indicate whether or not you should file a government claim.

 

Where should I file the lawsuit, in federal or state court?

 

Once you have decided to start a civil rights violation lawsuit, then you must consider where you will file the lawsuit: in federal or state court.

However, depending on the specific circumstances of your case, the decision could depend on either yourself or a specific law. In this area of ​​the law, an attorney with experience in civil rights law will advise you on the best course of action.

For example:  Section 1981a of Title 42 of the United States Code states that employees who allege intentional employment discrimination must file their claims in federal court. However, your state may also allow the same lawsuit to be filed in state court, and since laws vary from state to state in the U.S., you may have the option to choose whether to file your lawsuit in a state court. State court or federal court.

 

What happens after the lawsuit is filed?

 

The person who reports a civil rights violation or the plaintiff must file the claim in civil court.

The lawsuit describes the facts and complaints to show that the defendant is responsible for the alleged civil rights violation and for the harm suffered by the plaintiff.

If your civil rights case goes to trial, the plaintiff must include evidence that the defendant is legally responsible for the damages reported.

A full civil case generally includes the following phases:

Commencement of the case: presentation of the initial court documents

Research and evidence collection

Resolution of the case before the trial: petitions from the interested parties, out-of-court settlement, or alternative dispute resolution

Trial and verdict

After the ruling occurs the collection of money or compensation for damages

Appeals

 

How can a civil rights attorney help me?

 

The legal practice that corresponds to civil law in the United States is very broad. Additionally, these rights are highly respected and upheld by the United States Constitution.

If you believe that your civil rights have not been guaranteed, it is best to speak with an attorney.

If you are unsure about whether or not your complaint may be the cause of a lawsuit or not, before surrendering to defend your case, it is best to request an initial consultation with  an experienced attorney  and evaluate your legal options.

An attorney can answer all your questions, and can advise you as follows:

It will help you understand civil rights laws

It will explain how to deal with your case and what strategy you should follow

Will do an investigation of the events

Prepare all documentation, evidence and other evidence

Determine where and how you should start your claim

Will advise you on claims and charges for damages

Help you during appeals