Civil Rights Defense
West Virginia Civil Rights Defense Attorney
Civil rights laws are intended to protect people from unfair treatment and ensure equal treatment of individuals in various settings, including education, employment, housing, public accommodations and others. Unfortunately, some people attempt to take advantage of these protections by filing frivolous claims, complaints and lawsuits. When this happens to employers, government entities, public officials, law enforcement officers and others in West Virginia (WV), they need an experienced West Virginia civil rights defense attorney to defend their integrity and interests.
Do You Need a West Virginia Civil Rights Defense Attorney?
Attorney M. Andrew Brison at The Law Office of M. Andrew Brison, PLLC in Charleston is a WV civil rights defense lawyer with experience on both sides of these cases. Mr. Brison now focuses his practice in this area on civil rights defense in WV, but his experience serving plaintiffs provides insights that are invaluable to his current clients.
Allegations of civil rights violations can be damaging to the reputations of the accused, in addition to the potential legal penalties and costs. When you need civil rights defense in WV, it is critical that you work with a skilled attorney who knows the laws and administrative processes that are involved in these high-stakes cases.
Federal Civil Rights Laws and Civil Rights Defense in WV
Multiple federal laws govern civil rights violations of various kinds. Key legislation includes statutes such as the Civil Rights Act of 1964 and 42 US Code § 1983, the statute giving individuals the right to sue government employees or those acting outside government authority in committing civil rights violations. The provisions of these laws prohibit discrimination and other adverse actions in areas such as:
- Public accommodations
- Federal funded programs
- Disability accommodations
- Reproductive health services
These laws focus heavily on the rights of specific people and groups. Federal law has created protected classes in these areas:
- National origin
- Genetic information/ancestry
- Veteran status
- Familial status
If you are accused of violating civil rights laws, WV civil rights lawyer M. Andrew Brison will work with you, and your insurance company, if applicable, to defend your case and protect your interests.
West Virginia Civil Rights Laws
In addition to the array of federal laws in this area, states and even localities often pass laws and ordinances against discrimination, retaliation, harassment and more. Like federal laws, these often include specific lists of the groups who are protected under each law.
The WV Human Rights Act protects individuals from discrimination in employment and public accommodations. Complaints regarding violations of this act can be filed with the WV Human Rights Commission (WVHRC) or in civil court.
When a complaint is filed with the WVHRC, the respondent is notified of the complaint and must file a response within ten days. WVHRC complaint investigations move swiftly. If you believe a complaint is imminent or receive notice of one from the WVHRC, it is essential to contact a respected West Virginia civil rights defense attorney as soon as possible. Your attorney will work through the WVHRC complaint investigation process with you, gathering evidence to support your defense, negotiating and arguing on your behalf, and ensuring adherence to all procedural requirements and timelines.
Other state laws that govern civil rights include the WV Fair Housing Act, which provides protections related to residential real estate transactions and the sale or lease of housing, and the Pregnant Workers’ Fairness Act, which requires reasonable accommodations, fair employment opportunities, and other allowances related to pregnancy, childbirth, and related conditions.
Charleston, WV, among other municipalities, includes civil rights protections in its municipal code. The Charleston Human Rights Ordinance requires equal opportunities in employment, public accommodations, and housing. Individuals or groups cannot be discriminated against in these areas on the basis of race, religion, color, national origin, ancestry, sex, age, blindness, handicap, familial status or sexual orientation.
How a West Virginia Civil Rights Defense Attorney Can HelpOur experienced West Virginia legal team understands the impacts of allegations of civil rights violations and the claims, complaints, and lawsuits that often ensue. We follow court decisions on civil rights cases and, armed with that knowledge and prior civil rights litigation experience, we are ready to evaluate your case and provide a robust defense. Our civil rights defense practice includes cases involving issues like these:
- Discrimination of protected classes
- Violations involving corrections officers or law enforcement, including excessive force, wrongful search and seizure and false arrest
- Violations involving incarceration, including cross-gender supervision, false imprisonment, deliberate indifference, excessive force, conditions of confinement and sexual harassment/assault
- Employment disputes including sexual harassment, constructive discharge, wrongful termination and discrimination
- Education or school cases involving discrimination, harassment and bullying
Consult with an Accomplished West Virginia Civil Rights Defense Attorney
Whether you are in Charleston or elsewhere in the state, you need a West Virginia civil rights defense attorney who has the experience, knowledge and skills to defend you. Contact M. Andrew Brison at The Law Office of M. Andrew Brison, PLLC to protect your rights and interests. To schedule a consultation, call 304-397-8225 or complete our online contact form.