San Antonio Civil Rights Lawyers

What are considered civil rights violations?

Any act of discrimination may constitute a civil rights violation. While it is possible that anyone could violate your civil rights, not everyone might be held liable. Each circumstance is different and requires careful analysis. For example, only the government can be held liable for violating your freedom of speech. However, private employers can be held liable for refusing employment based on things like age or gender.

A civil rights violation occurs whenever an individual has their freedoms taken away or is discriminated against as a result of them being a member of a protected class. Following are just a few examples of common civil rights violations we handle at Grable Grimshaw:

Employment discrimination

Denying someone employment on the basis of race, color, religion, sex, age, or other protected class is against the law. Even with federal laws in place, employers violate them every day. These types of violations include failure to hire, firing due to discriminatory factors, failure to promote, creating a hostile work environment, or other types of discrimination.

Sexual harassment

Title VII of the Civil Rights Act, among other things, protects individuals from sexual harassment. It makes inappropriate sexual conduct illegal, as well as conduct related to gender or pregnancy status. Under these laws, it’s also unlawful to discriminate against someone, like refuse to hire or promote, if they are currently pregnant or might become pregnant.

Fair housing violations

The Fair Housing Act makes it illegal to discriminate against people when “renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities.” When you’re looking for a place for you and your family to live in San Antonio, you have the right to do so free of discrimination for the color of your skin, national origin, sexual orientation, religion, or disability. We can help.

Hate crimes

The FBI lists hate crimes as the highest priority of its civil rights program. These are crimes against an individual based on their race, color, religion, or national origin. In 2009, the FBI expanded this definition to include acts based on sexual orientation, gender identity, disability, or gender. Hate crimes include both physical acts or threats of violence, as well as destruction and defacing of property.

Denial of voting rights

The Voting Rights Act of 1965 ensures that everyone has the right and access to vote as guaranteed under the 15th amendment to the Constitution. However, even today, a variety of legislation continues to emerge in an effort to deny minorities the right to vote. If you are experiencing loss of your voting rights due to unlawful voter ID laws, purged voter lists, or were denied the right to vote, talk to our San Antonio attorneys today.

False arrest

False arrest and wrongful conviction are all too common, especially when it involves racial profiling. These cases can also involve unlawful search and seizure or detainment. An arrest involves depriving an individual of their freedom, whether through force or threat of force. When that arrest occurs without legal justification or without probable cause, you may have experienced a violation of your civil rights.

San Antonio attorneys upholding your Second Amendment rights

The Second Amendment protects the right of individuals to "keep and bear" firearms for their self-defense. In June 2022, the United States Supreme Court issued a crucial Second Amendment decision in N.Y. State Rifle & Pistol Ass'n v. Bruen. The Bruen case developed a new test. Before this decision, if legislation infringed on the historical right to bear arms, courts determined whether the government had a sufficiently strong interest and whether its firearm regulation was adequately tailored.

The Supreme Court rejected the expected standard in Bruen because the Second Amendment codified a “pre-existing right” with pre-existing limits. Because historical gun regulations reveal the kind of limits well understood when the Second Amendment was ratified, a regulation inconsistent with those limits is incompatible with the Second Amendment.

Courts must now apply the Bruen test when someone raises a legal challenge that a gun regulation violates the Second Amendment.

• First, courts must ask whether the Second Amendment applies by its terms. The Supreme Court declared that “when the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct.”
• Second, courts must determine whether a given gun restriction is “consistent with the Nation’s historical tradition of firearm regulation.” The government bears the burden of demonstrating a tradition supporting the challenged law. Only by showing that the law does not tread on the historical scope of the right can the government justify its regulation.

Grable Grimshaw PLLC stands ready to defend citizens' right to keep and bear arms against unconstitutional gun regulation. Please call us today if you think you are being subjected to a law that prohibits you from exercising your Second Amendment rights.

If you suspect you’re the victim of a civil rights violation, consult with an experienced attorney right away. If it is happening to you, chances are it is also happening to others. Working with legal counsel can hold the offenders accountable for their actions and prevent them from causing harm against others in the future.