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Civil Rights - Frequently Asked Questions

Q. What are Civil Rights?

A. Civil rights are freedoms guaranteed by the United States Constitution and the statutes and case law that have evolved from it. Our civil rights include freedom of religion, freedom of the press, freedom from unreasonable search and seizure, freedom to vote, the right to due process, equal protection and many others. These rights have restrictions, but they are fundamental to the legal and social systems of the US.

Q. What qualities are commonly discriminated against?

A. The modern civil rights movements began with people concerned primarily with gender equality and racial equality. These, however, are not the only characteristics that are discriminated against. Color, national origin, disability, age and familial status are protected by federal and state laws. Sexual orientation and other qualities are protected by some state laws.

Being the victim of police brutality, police misconduct, or false arrest can be an extremely traumatic and frightening experience. You may have felt helpless, and that you had no way to defend yourself against abusive law enforcement officers. At Orlow, Orlow & Orlow, P.C., we are dedicated to protecting victim's rights in The Bronx, Brooklyn, Queens, Manhattan, and throughout New York. We are civil rights attorneys with the experience, strategy, and passion to effectively assert the rights of citizens against law enforcement officials. Contact our offices for more information or a free case evaluation.

Civil Rights - An Overview

What Are Civil Rights?

"Civil rights" is a term used broadly in the news, the workplace, the government and even everyday conversation. Most United States citizens and residents probably know that they have civil rights, but knowing exactly what those rights are is not necessarily intuitive. If you suspect that your civil rights have been violated, contact an attorney from Orlow, Orlow & Orlow, P.C. in Flushing, New York, to discuss your situation.

The Declaration of Independence, the US Constitution and the Bill of Rights (the first 10 amendments to the Constitution) are key documents in our history of civil rights. The Constitution and its amendments recognize and guarantee many of our civil rights. The most famous civil rights, perhaps, are the freedoms preserved by the First Amendment:

Freedom of Religion
Freedom of Speech
Freedom of the Press

These fundamental rights provided many of the principles that guided the Founding Fathers in creating our modern federal government.

Employment Discrimination on the Basis of Disability

It is a strongly held belief in the US that people with disabilities should be afforded the same opportunities as everyone else. The Americans with Disabilities Act (ADA) and the Rehabilitation Act provide the disabled with protection against employment discrimination in both the private and public sectors. If you or a loved one has suffered discrimination because of a disability, contact an attorney for help.

Fair Housing: Renters and Owners

Nobody should be turned down for housing because the owner or manager does not like her religious affiliation or his skin color. The Fair Housing Act (FHA) prohibits discrimination in housing based on race, color, religion, sex, familial status, national origin and disability. The FHA is part of the Civil Rights Act of 1968, and amendments were added in 1988; along with the other sections of the Civil Rights Act, the FHA is designed to provide equal opportunity in an important life matter. If you feel that you have been discriminated against in housing, contact an attorney who can help you assert your rights.

Individuals with Disabilities Education Act (IDEA)

The Individuals with Disabilities Education Act (IDEA) protects the educational interests of children with physical and emotional disabilities. IDEA was enacted to ensure that disabled children receive the education that their unique needs demand. IDEA applies to primary and secondary public schools only; the act does not govern post-secondary institutions such as colleges and vocational schools. The procedures and rights for which IDEA provides can seem complex, but getting the most out of them will maximize the benefit of your child's education. An attorney who knows education and civil rights law can be your strong ally.

Fourth Amendment: Search and Seizure

The Fourth Amendment of the US Constitution protects against unreasonable searches and seizures by governmental authorities. This means that there are limits on when and how the police can search your home, for instance, and take evidence. It does not mean, however, that all searches and seizures are illegal. An experienced attorney can advise you on whether your rights have been violated.

Civil Rights Resource Links

US Equal Employment Opportunity Commission (EEOC)
The EEOC provides resources for those with questions or concerns regarding discrimination in the workplace.

The Bill of Rights
The Library of Congress offers numerous links to historical information on the Bill of Rights, the foundation of many important civil rights in America.

US Department of Education Office for Civil Rights
The US Department of Education Office for Civil Rights is responsible for enforcing federal laws prohibiting discrimination in programs that receive funding from the US Department of Education.

Fair Housing Laws and Presidential Executive Orders
The US Department of Housing and Urban Development (HUD) provides this guide to laws and executive orders on fair housing.

IDEA
The National Dissemination Center for Children with Disabilities (NICHCY), funded by a grant from the US Department of Education's Office of Special Education Programs (OSEP), provides information on the Individuals with Disabilities Education Act (IDEA).