Civil Rights - James Hoyer Newcomer & Smiljanich

Civil Rights

Laws regarding Civil Rights encompass a wide variety of issues that focus on the freedoms and rights of individuals. Congress' enactment of the Civil Rights Act in 1964 was important legislation that led to a series of laws designed to protect and preserve individual rights in the United States.

Title VII prohibits discrimination on the basis of race, color, religion, sex, or national origin. An individual who is denied employment or advancement in their employment due to their sex or race may bring a legal action against their employer based on Title VII.

Under the Americans With Disabilities Act (ADA), certain public facilities and employers are directed to provide individuals with disabilities with reasonable accommodations. The purpose of the Act is to provide qualified individuals with a reasonable accommodation for their disability so that they are able to perform the essential functions of their job and have equal opportunities for participation and achievement.

The Age Discrimination in Employment Act (ADEA) protects individuals from being discriminated against by employers due to their age. If an employer is charged with violating the ADEA, the employer must provide some legitimate, nondiscriminatory reason for rejection of the employee or applicant.

In addition to the ADA and ADEA, there are many laws in place to ensure the rights of employees. The Family & Medical Leave Act gives the employees of certain employers the right to take a leave of absence for serious health conditions, to take care of an immediate family member, or to be with a newborn or adopted child. Under the Employee Retirement Income Security Act, employers are prohibited from terminating employees in order to deny them employee benefits.

Legal cases based on Civil Rights may involve a wide variety of factual circumstances including police misconduct, prisoners' rights, reproductive rights, voting rights, human rights, and sex discrimination.

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