Tennessee Civil Rights Attorney in Warren County

Fight Housing Discrimination in Tennessee

No one can pursue their civil rights without reasonable access to a job. That’s why employment discrimination is a grave violation of our rights. It’s even less feasible to enjoy civil rights if we don’t have a roof over our heads, which is why the right to housing enjoys legal protection. It’s one thing to suspect, or even know, that your civil rights are being violated. It’s another to prove it in a court of law. Let’s consider a hypothetical example of a person denied the opportunity to rent an apartment on the basis of their skin color. 

In order to prove the landlord’s guilt, the next step is to determine whether the apartment was rented to someone else. If it was not rented at all, then the basis for a civil rights lawsuit exists. The same goes if it was rented, but to someone of a different race. These facts alone are not enough to prove a civil rights violation, but they do shift the burden of proof to the landlord, who must now provide a valid reason for their decision-making. 

A more nuanced case of housing discrimination might come if a person is charged a higher rent than those of another race, religion, gender or age. Simply finding out your rights are being violated can be a challenge in itself.  Not many neighbors in an apartment complex talk about their rents. If you do become aware of a discrepancy, you need a lawyer to work on formal legal discovery–obtaining documentation from the landlord that will prove what rents are being paid. 

Again, establishing all of this then shifts the burden of proof to the landlord to show they have legal reasons for rent differentials. Redlining is a serious civil rights offense that goes beyond rentals and into mortgages, other lines of credit and insurance. Banks and insurers that fail to treat people equally with regard to access to loans, interest rates and premiums can be subject to legal action. Your civil rights attorney can advise on how to go about discovery and what evidence needs to be obtained. 

Take Action Against Housing Discrimination Today If you believe your housing rights have been violated, contact us now to discuss your case. Our experienced attorneys are ready to help you fight for justice.  Call tel:(931) 473-8405 now!

Protecting the Constitutional Rights of the Accused in Tennessee

The 4th Amendment and 8th Amendment to the Constitution provide important rights for those accused of crimes and those rights begin before an arrest–or even a stop–is made. The 4th Amendment protects against unreasonable search and seizure. The 8th Amendment grants protection against cruel and unusual punishment .

Prohibitions against unreasonable search and seizure require a police officer to have a warrant before conducting any kind of search of our property or person. Furthermore, that right is understood to require probable cause to even get a warrant or to make a stop. 

In everyday life, this means a police officer who pulls a person over and finds illegal drugs in the car, must have had a good reason for making the stop to begin with. Furthermore, the race, ethnicity, gender or religion of a person is not permitted to be included in the case for probable cause. It is a violation of civil rights, one commonly called racial profiling. Victims of profiling and other violations of probable cause may have the basis of a lawsuit. 

Eighth Amendment protections ensure that if a person is arrested–even if guilty–they are still treated with dignity while in custody. The sexual assault of a prisoner is a crime that can get the offender pulled into a criminal court. And it’s also a violation of the civil rights of the prisoner, meaning a lawsuit might also be filed in civil court .

Civil rights are far-reaching, and the examples cited here are just scratching the surface. It’s important to know that when you believe your rights are being violated, you don’t have to just sit and take it. The law is on your side and there are lawyers ready to help. Galligan & Newman has spent over 40 years serving the people of Warren County. 

Overview of Civil Rights Laws in Tennessee

Tennessee has state-specific laws that work alongside federal civil rights protections. These laws aim to protect individuals from discrimination and ensure equal treatment for all citizens.

• Tennessee Human Rights Act: This law prohibits discrimination in employment, housing, and public accommodations based on race, color, religion, sex, disability, and national origin. It is enforced by the Tennessee Human Rights Commission (THRC).
• Federal Protections: Tennessee's laws are aligned with federal laws, including the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA), which protect against discrimination in various sectors.

The Tennessee Human Rights Commission (THRC) plays a key role in investigating complaints of discrimination. The commission offers mediation services, conducts investigations, and can file legal actions on behalf of victims of civil rights violations.

Discrimination in Employment 

Workplace discrimination is a serious violation of civil rights. In Tennessee, several types of discrimination are illegal:

Types of Discrimination:

• Race: Discrimination based on a person’s skin color or ethnicity. 
• Gender: Discrimination based on gender or sexual orientation.
• Age: Discrimination against older employees.
• Disability: Discrimination based on physical or mental disabilities.
• Religion: Discrimination against employees based on their religious beliefs.
• Whistleblower Protection: Employees who report illegal activities within their workplace are protected by law. This includes reporting safety violations, fraud, or harassment.
• Retaliation: It’s illegal for an employer to retaliate against an employee who files a discrimination complaint or participates in an investigation. Retaliation can include firing, demotion, or harassment, and workers have the right to seek legal action if they face retaliation.

Civil Rights Violations in Education

Students in Tennessee are protected against discrimination in schools, both public and private, and higher education institutions.

• Discrimination in Schools: Students cannot be discriminated against based on race, gender, disability, or religion. This includes issues like unequal treatment in admissions, discipline, and extracurricular activities.
• Harassment and Bullying: Schools must take action to prevent harassment or bullying, particularly when it involves discrimination. Students who face harassment based on race, gender, or other protected characteristics can seek legal recourse.
• Legal Options: If students face discrimination, they can file complaints with the school district, the Tennessee Human Rights Commission, or even pursue legal action in court to address violations.

These laws ensure that all students have the right to an equal and supportive educational environment.

FAQs on Civil Rights Violations in Tennessee

• What types of discrimination are illegal in Tennessee housing?
  In Tennessee, housing discrimination based on race, color, religion, sex, disability, familial status, or national origin is prohibited. Landlords cannot refuse to rent or charge higher rents based on these protected characteristics.
• How can I prove housing discrimination in Tennessee?
  If you believe you're being discriminated against, look for evidence such as a refusal to rent, higher rent charges than others, or inconsistent rental terms. A civil rights attorney can help you collect documentation and evidence needed to prove discrimination.
• What is "redlining" and how does it affect housing rights?
  Redlining refers to the illegal practice where banks, insurers, or lenders deny services or charge higher fees based on racial or ethnic factors. This practice often affects minority communities and is a violation of civil rights.
• Can I file a lawsuit if I face workplace discrimination?
  Yes, you can file a lawsuit if you are discriminated against at work based on race, gender, age, disability, or religion. Tennessee law protects workers from discrimination, and you may be able to seek damages or a court order for changes to workplace practices.
•  What is retaliation, and how do I protect myself?
  Retaliation occurs when an employer punishes an employee for filing a discrimination complaint or participating in an investigation. If you face retaliation, you can seek legal action against your employer to protect your rights.
• How does Tennessee law protect students from discrimination?
  Students are protected from discrimination based on race, gender, disability, or religion in public and private schools as well as higher education institutions. If a student experiences harassment or unequal treatment, legal options are available to address the violation.
• What should I do if I believe my civil rights were violated by law enforcement?
  If your rights are violated by law enforcement, such as in cases of racial profiling or unlawful searches, you should contact a civil rights attorney. They can help you understand your options, including filing a lawsuit for the violation of your constitutional rights.
• Can I file a personal injury claim if my civil rights were violated?
  Yes. If you were injured as a result of a civil rights violation, you may be able to file both a personal injury claim and a civil rights lawsuit. For example, if you were injured due to police misconduct or excessive force, you may have grounds for both types of legal actions.

Protect Your Rights – Get Legal Help Now
Don’t let discrimination go unchecked. Reach out to our civil rights team in McMinnville today to ensure your rights are protected. Call us at tel:(931) 473-8405 or contact us online!