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CIVIL RIGHTS
The Americans with Disabilities Act is a federal law that prohibits discrimination on the basis of a person’s disability status. The law applies to places that provide public accommodations and services, employers, and state and local governments, among others. The law also prohibits related retaliation.
42 U.S.C. § 1983 is a federal law that gives people the right to bring a civil action (or lawsuit) in federal court against state government officials and those acting under color of state law for civil rights violations. The civil rights violation itself must be for violation of a different federal constitutional or statutory right, such as the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.
Title VI of the federal Civil Rights Act of 1964 prohibits discrimination against any person based on race, color, or national origin in any program or activity receiving federal financial assistance. Discrimination can be intentional or based on disparate treatment or impact. Retaliation is also prohibited.
Section 504 of the Rehabilitation Act is a federal law that prohibits discrimination on the basis of a person’s disability status. The law applies to any program or activity receiving federal financial assistance. The law also prohibits related retaliation.
The Office for Civil Rights (OCR) at the United States Department of Education receives and investigates discrimination complaints, including based on race, color, national origin, sex, disability, or age. OCR may enter into a resolution or compliance agreement with a school district or seek to take enforcement action. OCR may also facilitate a resolution between the parties, which can result in an agreement between a family and school district. An OCR complaint must be filed within 180 days of the event at issue.
The Massachusetts Civil Rights Act (M.G.L. chapter 12, § 11H-I) is a Massachusetts law that gives people the right to bring a civil action (or lawsuit) for violations of state and federal laws by threats, intimidation, or coercion.
There are various laws that OneLaw can use to fight for the civil rights of clients. Seeking justice for a denial of your rights requires a careful assessment of the facts of your situation and what laws apply in order to seek appropriate redress in court, which could include financial damages.