the attorney discussing legal issues noted 6 federal laws which are based upon civil rights laws

What are the laws that protect civil rights?

Question: The attorney discussing legal issues noted 6 federal laws which are based upon civil rights laws and protect people with disabilities from discrimination. Group of answer choices True False The ADA law addresses access to services for people with disabilities and HIV is considered a disability under Federal law.

What is the Civil Rights Act of 1964 Quizlet?

The main statutes dealing with protection of civil rights include the Civil Rights Act, the Equal Pay Act, the Voting Rights Act, the Age Discrimination in Employment Act, the Fair Housing Act, Title IX of the Education Amendments of 1972, the Rehabilitation Act, the Equal Credit Opportunity Act, the Equal Educational Opportunities Act, the Age ...

Are there any laws that mirror the federal civil rights laws?

Jul 21, 2017 · Civil Rights Laws. Civil rights laws guarantee rights for individuals to receive equal treatment and prohibits discrimination in a number of settings, including education, employment, housing, lending, voting, and more. Below is a list of federal civil rights laws. (Note: Many states have civil rights laws of their own which mirror those at the ...

Who is responsible for enforcing federal civil rights laws?

Aug 28, 2017 · The Architectural Barriers Act of 1968 (ABA) requires that buildings and facilities designed, constructed, altered, or leased with certain federal funds after September 1969 must be accessible to and useable by handicapped persons. The Fair Housing Act (FHA) The Fair Housing Act (FHA) was enacted as Civil Rights Act Title VIII in 1968.

What are civil rights?

There is an array of civil rights available under federal law, to protect individuals from discrimination. Although these laws have similar features, the type of discrimination that they prohibit and the circumstances under which they operate vary from statute to statute. Apart from the federal statutes, there are additional civil rights protections that are available under state or local statutes or federal or state constitutional laws as well. The main statutes dealing with protection of civil rights include the Civil Rights Act, the Equal Pay Act, the Voting Rights Act, the Age Discrimination in Employment Act, the Fair Housing Act, Title IX of the Education Amendments of 1972, the Rehabilitation Act, the Equal Credit Opportunity Act, the Equal Educational Opportunities Act, the Age Discrimination Act, the Civil Service Reform Act, the Immigration and Nationality Act, the Americans with Disabilities Act, the Congressional Accountability Act, and the Reconstruction Statutes.

Who enforces nondiscrimination laws?

DOJ is responsible for administering the provisions regarding discrimination in federally conducted and federally funded programs or activities, while the provisions regarding nondiscrimination in federal employment and nondiscrimination by federal contractors are enforced by the EEOC and the Department of Labor (DOL), respectively.

What is the age discrimination act?

Age Discrimination Act of 1975 – The Age Discrimination Act prohibits discrimination on the basis of age in federally funded programs or activities. Individuals who believe they are victims of discrimination may file a complaint with the federal agency that provides education funds to a recipient, or they may file a lawsuit in federal court.

What is the purpose of Title VII?

Title VII of the CRA prohibits discrimination in employment on the basis of race, color, religion, national origin, or sex. The Pregnancy Discrimination Act enacted as an amendment to the sex discrimination provisions of Title VII, made it unlawful to discriminate on the basis of pregnancy, childbirth, or related medical conditions. ...

What is the Civil Service Reform Act?

Civil Service Reform Act of 1978- The Civil Service Reform Act (CSRA) prohibits discrimination in federal employment on the basis of race, color, national origin, religion, sex, age, disability, marital status, or political affiliation. Specifically, the statute prohibits discrimination in certain personnel practices, including, but not limited to, ...

What is the Equal Pay Act?

Equal Pay Act of 1963 – The Equal Pay Act prohibits discrimination on the basis of sex with regard to the compensation paid to men and women for substantially equal work performed in the same establishment. The act is enforced by the EEOC. Pay discrimination claims may also be brought under Title VII of the CRA.

What is the Civil Rights Act of 1964?

Civil Rights Act of 1964 The Civil Rights Act (CRA) of 1964 is one among the most important civil rights legislation enacted in modern times. This statute served as a model for subsequent anti-discrimination laws, and greatly expanded civil rights protections in a wide variety of settings. Title VII of the CRA prohibits discrimination in employment ...

What are the civil rights laws?

Civil rights laws guarantee rights for individuals to receive equal treatment and prohibits discrimination in a number of settings, including education, employment, housing, lending, voting, and more. Below is a list of federal civil rights laws.

What act prohibits discrimination based on race, color, religion, sex, and national origin?

Architectural Barriers Act of 1968 Requires that buildings and facilities designed, constructed, altered, or leased with certain federal funds after September 1969 must be accessible to and useable by handicapped persons. Civil Rights Act of 1964 Prohibits employment discrimination based on race, color, religion, sex, and national origin. ...

What is the Religious Land Use and Institutionalized Persons Act?

Religious Land Use and Institutionalized Persons Act (RLUIPA) Protect individuals, houses of worship, and other religious institutions from discrimination in zoning and landmarking laws; also protects the religious exercise of inmates and other persons confined to certain institutions. Title IX of the Education Amendments ...

What is the age discrimination in employment act?

Age Discrimination in Employment Act (ADEA) Prohibits employers from discriminating against workers and applicants who are 40 years of age and older , based on their age. Air Carrier Access Act of 1986 (ACAA) Prohibits discrimination against individuals with disabilities in the provision of (including access to) air transportation.

What is the Equal Pay Act?

Equal Pay Act of 1963 Requires that employers pay all employees equally for equal work, regardless of whether the employees are male or female. Fair Housing Act (FHA) Prohibits discrimination in the sale, rental, and financing of housing based on race, color, national origin, religion, sex, familial status, and disability.

What is the purpose of the Civil Rights Act of 1991?

Civil Rights Act of 1991 (Intentional Employment Discrimination) To amend the Civil Rights Act of 1964 to strengthen and improve Federal civil rights laws, to provide for damages in cases of intentional employment discrimination, to clarify provisions regarding disparate impact actions, and for other purposes.

What is chapter 21?

Chapter 21 is where a number of federal acts related to civil rights have been codified -- including the Civil Rights Act of 1866, Civil Rights Act of 1964, and the Civil Rights of Institutionalized Persons Act. The U.S. Constitution | Articles | Amendments The U.S. Constitution, ratified in 1789, outlines the role and operation ...

What is FMLA law?

The Family and Medical Leave Act (FMLA) is the federal law that mandates employers to allow their employees time off, and to not discriminate against them, for taking care of family and personal medical needs.

What is the Individuals with Disabilities Education Act?

The Individuals with Disabilities Education Act (IDEA) ensures that the rights of students with disabilities are protected, and that all children with disabilities have free appropriate public education available to them.

What is the Rehabilitation Act of 1973?

The Rehabilitation Act of 1973 protects disabled individuals from discrimination by employers and organizations that receive federal financial assistance. Specifically, Section 504 of the Act protects discrimination on the basis of disability in the provision of educational services and opportunities in educational institutions that receive federal funding.

What is the ADA?

The Americans with Disabilities Act (ADA) protects persons with disabilities from discrimination in many aspects of life including: employment, education, and access to public accommodations. Other areas covered under the ADA are: commercial facilities, transportation, and telecommunications.

What is disability discrimination?

Disability discrimination occurs when a person is treated unfairly due to their mental or physical disability, or perception of a disability. Like many forms of discrimination, this type of discrimination can include many forms such as, verbal or physical harassment. Disability discrimination can also include denying the disabled access to services, businesses, and buildings.

When was the Fair Housing Act passed?

The Fair Housing Act (FHA) was enacted as Civil Rights Act Title VIII in 1968 . The 1988 amendment to the FHA added disability and families with children to the covered classes. The Fair Housing Act prohibits discrimination in the sale, rental, and financing of housing based on race, color, national origin, religion, sex, familial status, and disability.

What is a governmental action that substantially burdens an exercise of religion under RFRA?

A governmental action substantially burdens an exercise of religion under RFRA if it bans an aspect of an adherent's religious observance or practice, compels an act inconsistent with that observance or practice, or substantially pressures the adherent to modify such observance or practice.

Who is protected by RFRA?

RFRA protects the exercise of religion by individuals and by corporations, companies, associations, firms, partnerships, societies, and joint stock companies.

What is RFRA in government?

RFRA prohibits the federal government from substantially burdening a person's exercise of religion, unless the federal government demonstrates that application of such burden to the religious adherent is the least restrictive means of achieving a compelling governmental interest. RFRA applies to all actions by federal administrative agencies, including rulemaking, adjudication or other enforcement actions, and grant or contract distribution and administration.

What is the free exercise clause?

The Free Exercise Clause recognizes and guarantees Americans the “right to believe and profess whatever religious doctrine [they] desire [ ].” Empl't Div. v. Smith, 494 U.S. 872, 877 (1990). Government may not attempt to regulate religious beliefs, compel religious beliefs, or punish religious beliefs. See id.; see also Sherbert v. Verner, 374 U.S. 398, 402 (1963); Torcaso v. Watkins, 367 U.S. 488, 492-93, 495 (1961); United States v. Ballard, 322 U.S. 78, 86 (1944). It may not lend its power to one side in intra-denominational disputes about dogma, authority, discipline, or qualifications for ministry or membership. Hosanna-Tabor Evangelical Lutheran Church & Sch. v. EEOC, 565 U.S. 171, 185 (2012); Smith, 494 U.S. at 877; Serbian Eastern Orthodox Diocese v. Milivojevich, 426 U.S. 696, 724-25 (1976); Presbyterian Church v. Mary Elizabeth Blue Hull Mem'l Presbyterian Church, 393 U.S. 440, 451 (1969); Kedroff v. St. Nicholas Cathedral of the Russian Orthodox Church, 344 U.S. 94, 116, 120-21 (1952). It may not discriminate against or impose special burdens upon individuals because of their religious beliefs or status. Smith, 494 U.S. at 877; McDaniel v. Paty, 435 U.S. 618, 627 (1978). And with the exception of certain historical limits on the freedom of speech, government may not punish or otherwise harass churches, church officials, or religious adherents for speaking on religious topics or sharing their religious beliefs. See Widmar v. Vincent, 454 U.S. 263, 269 (1981); see also U.S. Const., amend. I, cl. 3. The Constitution's protection against government regulation of religious belief is absolute; it is not subject to limitation or balancing against the interests of the government. Smith, 494 U.S. at 877; Sherbert, 374 U.S. at 402; see also West Virginia State Bd. of Educ. v. Barnette, 319 U.S. 624, 642 (1943) (“If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein.”).

What is the Religious Freedom Restoration Act?

2000 bb et seq., prohibits the federal government from “substantially burden [ing] a person's exercise of religion” unless “it demonstrates that application of the burden to the person (1) is in furtherance of a compelling governmental interest; and (2) is the least restrictive means of furthering that compelling governmental interest.” Id. § 2000bb-1 (a), (b). The Act applies even where the burden arises out of a “rule of general applicability” passed without animus or discriminatory intent. See id. § 2000bb-1 (a). It applies to “any exercise of religion, whether or not compelled by, or central to, a system of religious belief,” see §§ 2000bb-2 (4), 2000cc-5 (7), and covers “individuals” as well as “corporations, companies, associations, firms, partnerships, societies, and joint stock companies,” 1 U.S.C. 1, including for-profit, closely-held corporations like those involved in Hobby Lobby, 134 S. Ct. at 2768.

What is the religious test clause?

Finally, the Religious Test Clause, though rarely invoked, provides a critical guarantee to religious adherents that they may serve in American public life. The Clause reflects the judgment of the Framers that a diversity of religious viewpoints in government would enhance the liberty of all Americans. And after the Religion Clauses were incorporated against the States, the Supreme Court shared this view, rejecting a Tennessee law that “establishe [d] as a condition of office the willingness to eschew certain protected religious practices.” Paty, 435 U.S. at 632 (Brennan, J., and Marshall, J., concurring in judgment); see also id. at 629 (plurality op.) (“ [T]he American experience provides no persuasive support for the fear that clergymen in public office will be less careful of anti-establishment interests or less faithful to their oaths of civil office than their unordained counterparts.”).

What is a Title VII employer?

Title VII defines “religion” broadly to include all aspects of religious observance or practice, except when an employer can establish that a particular aspect of such observance or practice cannot reasonably be accommodated without undue hardship to the business. For example, covered employers are required to adjust employee work schedules for Sabbath observance, religious holidays, and other religious observances, unless doing so would create an undue hardship, such as materially compromising operations or violating a collective bargaining agreement. Title VII might also require an employer to modify a no-head-coverings policy to allow a Jewish employee to wear a yarmulke or a Muslim employee to wear a headscarf. An employer who contends that it cannot reasonably accommodate a religious observance or practice must establish undue hardship on its business with specificity; it cannot rely on assumptions about hardships that might result from an accommodation.

What are civil rights violations?

Our work representing victims of civil rights violations in criminal cases includes: 1 Successful defense of a journalist on First Amendment grounds when the journalist was criminally prosecuted for photographing a student riot. 2 Secured dismissal of criminal charges against 16 activists conducting peaceful protest during presidential visit. 3 A 26-year sentence reduction in a federal criminal case by uncovering police and prosecutorial misconduct. 4 Prosecuted a First Amendment prisoner’s rights claim before the U.S. Supreme Court. 5 Fought against mandatory minimum sentencing before the Pennsylvania Supreme Court. 6 Dismissal of evidence against a defendant that was the fruits of an illegal search by demonstrating that police officers falsified information to secure a warrant. 7 Secured monetary damages for an inmate’s family after suing county prison for civil rights violation resulting in a suicide.

What is the most common misconception in civil rights violations of criminal defendants?

The most common misconception in civil rights violations of criminal defendants is that law enforcement officials are trained and will protect your constitutional rights. Attorney Andrew Shubin has seen first-hand that this is not always the case.

What to do if you have been denied a service?

If you have been denied a service or the right to express your ideas on campus or found your privacy breached, the Law Firm of Andrew Shubin Law can work with you. Attorney Andrew Shubin will fight to redress the constitutional rights that have been denied to you. Call (814) 826-3586 for more information or to schedule a free consultation.

What cases did the Supreme Court rule in 2018?

In 2018, the US Supreme Court issued decisions on cases related to a baker, labor unions, cell phone companies, internet retailers, a political party, an athletic association and others. Another misconception is that constitutional violations don’t happen anymore. The recent decision of Obergefell v.

What is the right to privacy?

Right of Privacy imposes a limitation on intrusion upon your privacy. Violations to this right has been found regarding intimately personal matters such as sexual relations, child rearing and marriage, known as “zones of privacy.” These constitutional “zones of privacy” can extend to various aspects of personal life. As noted by the Supreme Court ruling in Lawrence v. Texas, “it is a promise of the Constitution that there is a realm of personal liberty which the government may not enter.”

How has the Constitution been modified?

The Constitution has been modified by amendments and interpreted differently through tried cases – new and complex challenges to existing case law have recently been tried at the Supreme Court. Criminal or civil violations continuously raise new questions of civil rights.

What is religious liberty?

Religious Liberty is the right to follow the faith of your choice. Religious liberty is the first freedom guaranteed to Americans by the Bill of Rights. If you feel your right to associate based on religious beliefs and even the right to express these beliefs is under attack, you should seek a legal consultation.

What factors are considered in determining the reasonableness of the lawyer's expectation of confidentiality?

Factors to be considered in determining the reasonableness of the lawyer's expectation of confidentiality include the sensitivity of the information and the extent to which the privacy of the communication is protected by law or by a confidentiality agreement. A client may require the lawyer to implement special security measures not required by ...

What should a lawyer assert on behalf of the client?

Absent informed consent of the client to do otherwise, the lawyer should assert on behalf of the client all nonfrivolous claims that the order is not authorized by other law or that the information sought is protected against disclosure by the attorney-client privilege or other applicable law.

What is the meaning of paragraph (a) of the 'A' rule?

Under those circumstances, paragraph (a) prohibits disclosure unless the client or former client gives informed consent. A lawyer’s fiduciary duty to the lawyer’s firm may also govern a lawyer’s conduct when exploring an association with another firm and is beyond the scope of these Rules.

What is an authorized disclosure?

[5] Except to the extent that the client's instructions or special circumstances limit that authority, a lawyer is impliedly authorized to make disclosures about a client when appropriate in carrying out the representation.

What is client lawyer confidentiality?

The rule of client-lawyer confidentiality applies in situations other than those where evidence is sought from the lawyer through compulsion of law. The confidentiality rule, for example, applies not only to matters communicated in confidence by the client but also to all information relating to the representation, whatever its source.

What is the principle of Rule 1.6?

This aspect of the rule expresses the principle that the beneficiary of a fiduciary relationship may not exploit it to the detriment of the fiduciary. [12] Other law may require that a lawyer disclose information about a client. Whether such a law supersedes Rule 1.6 is a question of law beyond the scope of these Rules.

What is a 3.3 disclosure?

See Rule 3.3 (c). Acting Competently to Preserve Confidentiality. Former Client.

What rights do 18 year olds have?

the Second Amendment. We first find that 18-year-olds. possess Second Amendment rights. They enjoy almost every other constitutional right, and they were required at the time of the Founding to serve in the militia and furnish their own weapons.

What is FOIA in WV?

Today I served a Freedom of Information Act (FOIA) request on the attorney who is representing West Virginia’s “Family Judicial Association” in their attempt at preventing judicial discipline against the WV Family Court judge who was caught on video searching my client’s home.

What is the 4th Circuit opinion?

In an opinion written by Chief Judge Roger Gregory, the Court held that the AIR mass aerial surveillance program was an unconstitutional search and seizure (at least at the point the data was accessed).

Which court case held that 18 year olds have the right to bear arms?

The 4th Circuit Holds that 18-20 year-olds have Second Amendment Rights. On the heels of the Fourth Circuit’s awful anti-gun opinion in the Walker case, comes an opinion today which holds that 18-20 year olds have a constitutional right to keep and bear arms under the Second Amendment.

Where did Lackluster get its footage from?

The problem is, however, that Lackluster obtained it directly from the Arkansas State Police.

Who is the outlaw barber?

Today we filed suit in the case of the “Outlaw Barber,” Winerd “Les” Jenkins, a 73 year old combat veteran and former 27-year Deputy U.S. Marshall, who was arrested for refusing to close his barbershop during the Governor’s lockdown in April of 2020. We filed a Section 1983 civil rights lawsuit in federal court, in the Northern District of West Virginia.

Do 18 year olds have the Second Amendment?

Ass’n, 564 U.S. at 794–95. So it is hard to conclude that 18- to 20-year-olds have no Second Amendment rights when almost every other constitutional right affords them protection. This conclusion becomes inescapable when we consider the history.

What are the laws that protect people with disabilities from discrimination?

Employment Laws : Disability & Discrimination. There are five important federal laws that protect individuals with disabilities from discrimination in employment and the job application process: Although many employers and individuals have a basic understanding of the ADA, the nondiscrimination policies of the other laws may be less familiar.

Which section of the Rehabilitation Act prohibits discrimination against individuals with disabilities?

It also includes three sections that prohibit discrimination against individuals with disabilities by specific types of employers: federal agencies, employers/businesses contracting with federal agencies and programs receiving federal financial assistance. Section 501 of the Rehabilitation Act prohibits federal employers from discriminating ...

What is the 503 Act?

Section 503 of the Rehabilitation Act prohibits employment discrimination based on disability and requires affirmative action in the hiring, placement and advancement of people with disabilities by federal contractors or subcontractors who have federal contracts or subcontracts in excess of $10,000. Additional Information: The Office of Federal ...

What is Section 504?

Section 504 of the Rehabilitation Act prohibits discrimination against qualified individuals with disabilities by federal agencies, or by programs or activities that receive federal financial assistance or are conducted by a federal agency. Additional Information: The federal agency providing the financial assistance or conducting ...

What are the two sections of the ADA?

Two sections of the ADA relate to employment: Title I: Employment prohibits covered employers from discriminating against people with disabilities in all employment-related activities, including hiring, pay, benefits, firing and promotions.

What is the ADA?

The Americans with Disabilities Act (ADA) prohibits discrimination against people with disabilities and guarantees equal opportunities for individuals with disabilities in employment, transportation, public accommodations, state and local government services, and telecommunications. Two sections of the ADA relate to employment:

What is Title II?

Title II: State and Local Governments protects people with disabilities from discrimination in state and local government services, programs and activities. It prohibits all state and local government entities, regardless of how many people they employ or whether they receive federal financial assistance, from discriminating against qualified ...