Civil Rights
New York City Experienced Civil Rights Attorneys
Civil rights attorneys New York
Over decades, Giordano Law Offices Personal Injury & Employment Lawyers has successfully represented thousands of clients who have been victimized because of the color of their skin, gender, sexuality, disability status, age, religion and other federally protected classes. Principal Attorney Carmen “Jack” Giordano, a former prosecutor, uniquely understands how to defend and aggressively protect the rights of those who have been unjustly treated. In New York, it is illegal to discriminate against persons based on the following protected classes (the first 7 items are protected classes that are protected by both federal and state laws):
- Race
- Color
- National origin
- Religion
- Sex (including pregnancy, childbirth, and related medical conditions)
- Disability (physical or mental)
- Age (18 and older: New York State. Federal: 40 and older)
- Citizenship status
- Genetic characteristics/information
- Marital status
- Familial status (being pregnant, caring for a child under 18, or seeking to adopt a child under 18)
- Sexual orientation (includes perceived sexual orientation)
- Gender identity
- Lawful use of any product or lawful recreational activities when not at work
- Military status or service
- Observance of Sabbath
- Political activities
- Use of service dog or support animal
- Prior arrests or criminal accusation
- Prior convictions (unless certain requirements have been met)
- Domestic violence victim status
Employers with 15 or more employees are covered by federal anti-discrimination laws, with the following exceptions (New York State’s anti-discrimination laws apply to employers with 4 or more):
- age discrimination (employers with 20 or more employees)
- citizenship status discrimination (employers with four or more employees), and
- equal pay for men and women (all employers).
Have you been discriminated against or harassed for reasons of your race, creed, religion, ethnic origin or sexual orientation? If the answer is yes, and you live in New York City, then our civil rights lawyers can help you. Contact us by phone us for a free consultation: (646) 798-9740.
Attorneys at Giordano’s law firm have been ranked in the top 5% in the country by Thomson Reuters Super Lawyers. Platforms like Expertise, Avvo, and Lawyers.com have recognized Giordano Law Offices Personal Injury & Employment Lawyers attorneys with 5 star reviews across the board. When you call Giordano Law Offices Personal Injury & Employment Lawyers after you or your loved one has suffered a civil rights violation, you are treated with personal care. You speak directly with civil rights lawyers who have won multi million dollar civil rights cases for clients who have been injured as a result of the negligence of others. Oftentimes, you are given the personal cell phone number of our leading attorneys at our law firm that make themselves available to you around the clock. With Giordano Law Offices Personal Injury & Employment Lawyers, we take pride in our customer service and you are treated like an extension of our family. Call our law office anytime for a free consultation: (646) 798-9740
Understanding Your Civil Rights
Civil rights are one of the most significant forms of legal protection in the United States. They protect members of groups that have been historically discriminated against, such as racial or ethnic minorities. Civil rights laws also protect individuals with disabilities (including physical and mental health conditions), women, religious minorities, and people of different sexual orientations and gender identities.
Civil rights are often discussed in the context of politics or legal academia and they are the subject of much passionate debate. Nonetheless, civil rights law is a critical component of USA’s legal framework. Ensuring that individuals can live freely and without fear of unjust treatment is what keeps American society just, balanced, and vibrant.
Due to the fact that our nation has a long history of social injustice towards certain groups, today there are numerous organizations dedicated to fighting for equality and against discrimination in all aspects of life including education, employment, housing, health care, voting rights, marriage rights for LGBT individuals (and same sex marriage itself), veterans etc.
A lot of civil rights are established by the federal government; however, states also recognize and enforce their own set of civil rights laws. Consequently, each state’s laws are different. Even though civil rights protections vary by state and some states offer more protections than others, generally, any violation of civil rights can be pursued through a lawsuit in court.
The types of compensation that you may receive after a civil rights claim are similar to those associated with a personal injury claim (loss of income, medical expenses, pain, suffering, humiliation, emotional distress, loss of life, loss of use and enjoyment of life).
In many civil rights cases there’s a lot of uncertainty because it’s hard to put a price tag on what has occurred. Punitive damages may also be awarded if an individual has intentionally inflicted emotional distress upon another person by bullying them or placing them in danger. Any award that includes punitive damage will be decided after a jury trial (because, you can’t get punitive damages without a trial). Punitive damages are separate from compensatory damages, which are meant to put victims in the same position they were before the accident.
If you have been a victim of sexual abuse, sexual harassment, employment discrimination, pay discrimination, discrimination based on race/national origin, police misconduct, our civil rights attorneys can offer professional legal advice.
Civil Rights and Civil Liberties
Civil rights and civil liberties both refer to rights granted by governmental structures that enable freedom and autonomy for citizens. But if the concept of civil rights can be defined as the basic right to be free from unequal treatment based on certain characteristics, civil liberties are much broader and include such fundamental rights as the right to vote, the right to free speech, or the right to privacy.
In short, the term “civil rights” refers to citizenship status in a state or country, whereas “civil liberties” refers to freedoms that protect every citizen. Often, civil liberties are referred to as natural or constitutional rights.
A New York experienced civil rights lawyer can assist you where there is evidence that your fundamental rights or liberties have been breached. Our attorneys understand that every client and case is different. We work with you to understand your needs, deal with your budget, and handle your civil rights case efficiently. We advocate for your rights however we can to ensure you are treated fairly.
Where Do Civil Rights Come From?
Civil rights and liberties are generally enforced by the government through a variety of laws, policies and programs. For example, following the assassination of Martin Luther King in 1968 the federal government stepped up with the Federal Civil Rights Act as well as Fair Housing Acts (Smith). This made way for discrimination to be essentially banned in housing along with countless other aspects of life in the U.S. Other laws regulating civil rights are:
Age Discrimination in Employment Act of 1967 – it was the first law of its kind. This Federal law protects individuals who are 40 years of age or older against employment discrimination, on the basis of their age.
The Americans with Disabilities Act – protects disabled individuals in the workplace and in public facilities such as restaurants, theaters, and hotels. This law is a civil rights law for persons with disabilities to ensure that they have equal opportunities as every person without a disability.
Fair Housing Act – The Fair Housing Act (FHA) is a federal law that provides protection to home buyers and renters against discrimination in the sale or rental of housing based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women and people securing custody of children under the age of 18), and disability.
Section 504 of the Rehabilitation Act of 1973 – is the first disability civil rights legislation passed in the United States. It is an amendment to the Rehabilitation Act of 1973 and guarantees that people with disabilities have a right to a free appropriate public education (FAPE) at public institutions that receive federal financial assistance. Section 504 closely mirrors those provisions of Section 602 of the Individuals with Disabilities Education Act (IDEA), which requires educational services in accordance with a student’s Individualized Education Program (IEP).
States also pass their own civil rights laws (usually very similar to those at the federal level) through the state constitution and other laws.
Municipalities like cities and counties can also enact ordinances and laws related to civil rights.
Do I Have A New York Civil Rights Violation Claim?
If your civil rights have been violated, you may have a civil rights claim. Common types of New York City civil rights violations are listed below:
Excessive Force & Shooting
The Supreme Court set the legal standard for excessive force in the case Graham v. Connor: the question of whether an officer accused of police misconduct used excessive force “requires careful attention to the facts and circumstances of each particular case, including the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight.” The Supreme Court Justices, in a 9-0 decision found the “reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene, and its calculus must embody an allowance for the fact that police officers are often forced to make split-second decisions about the amount of force necessary in a particular situation.”
If you have been in a situation where you believe the NYPD law enforcement acted in a manner that was unwarranted (for example if you were abused or shot when you were not armed with any weapons and posed no threat), you may have a civil rights claim.
False Imprisonment
Incarceration Abuse
New York prisons are brutal and deadly. Rikers Island is constantly in the news due to correctional officers mistreating, beating, and neglecting inmates who need care. Giordano Law Offices Personal Injury & Employment Lawyers has won millions for the family members of inmates who died due to the denial of proper medical treatment. If you believe you or a loved one has been victimized by a correctional officer or another employee of the New York prison system, you may have a claim.
Malicious Prosecution
In New York, a malicious prosecution claim begins at arraignment (up to this point it considered an arrest). An effective New York malicious prosecution claim needs to show that the prosecution was undertaken in bad faith: that the prosecution knew no probable cause existed and despite this, they went forward with proceedings anyway. If this has happened to you, you may have a civil rights claim, call us today for a free initial consultation: (646) 798-9740.
NYPD Abuse/Police Brutality
While “stop and frisk” policies have been outlawed in New York, there are still numerous instances where New York City police officers use unnecessary force, racially profile, and otherwise abuse their position. Police officers are supposed to “serve and protect” but unfortunately not all police officers abide by this credence. If you believe you or your loved one was treated in a unjust or discriminatory manner, you may have a civil rights claim.
Segregated Confinement
Segregated or solitary confinement is often abused in correctional institutions. When it is used in a draconian and/or abuse way, it is a violation of an institutionalized individual’s human rights. Moreover, extended periods in solitary confinement are known to inflict cruel and unusual mental suffering. If you know someone who has been improperly confined and deprived of essential basic needs such as medical care, exercise, nutritious food, light, and air, we can help. Call our award-winning civil rights legal team for a free consultation today: (646) 798-9740.
Wrongful Arrest
The New York standard for wrongful arrest is the same as the federal standard: the Fourth Amendment states that it is “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Police officers must have probable cause to arrest you. Our New York false arrest lawyers can help you to determine whether or not you have a claim, you may be able to sue if you were unjustly arrested without probable cause.
Wrongful Death
If your family member or loved one has died due to the negligent acts of someone else, you have a legal right to seek compensation for your loss. New York wrongful death attorneys at Giordano Law Offices Personal Injury & Employment Lawyers work hard to help you to obtain compensation to cover medical bills, funeral arrangement costs, lost income, and all other expenses related to the sudden and tragic death of your loved one.
If you want to discuss with an experienced civil rights attorney, call us any time for free consultation. Building and maintaining a strong client relationship is a key ingredient of a successful law firm.
Call Today For A Free Consultation To Receive Legal Guidance On Important Next Steps
If your civil rights have been violated, time is of the essence and it is imperative that you seek out professional and competent legal guidance as soon as possible so that you take the necessary next steps to strengthen your claim and chances for success. Attorneys at Giordano Law Offices Personal Injury & Employment Lawyers have successfully recovered millions for our civil rights clients, please see our case results and client reviews.
Visit our Contact Us page and call us anytime for a free consultation: (646) 798-9740.
The Giordano Law Firm was founded by Attorney Jack Giordano. Mr. Jack Giordano is the managing partner and principal at the Giordano Law Firm.