Federal Civil Rights Laws - Civil Enforcement

There are a number of civil rights laws that may protect people in South Carolina. Here is a list of statutes that the Department of Justice (DOJ) and/or the U.S. Attorney’s Office enforces.

 

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. §1997 et seq.

"The CRIPA authorizes the U.S. Attorney General to investigate conditions of confinement at State and local government institutions such as prisons, jails, pretrial detention centers, juvenile correctional facilities, publicly operated nursing homes, and institutions for people with psychiatric or developmental disabilities. Its purpose is to allow the Attorney General to uncover and correct widespread deficiencies that seriously jeopardize the health and safety of residents of institutions. The Attorney General does not have authority under CRIPA to investigate isolated incidents or to represent individual institutionalized persons.

 

The Attorney General may initiate civil law suits where there is reasonable cause to believe that conditions are ""egregious or flagrant,"" that they are subjecting residents to ""grievous harm,"" and that they are part of a ""pattern or practice"" of resistance to residents' full enjoyment of constitutional or Federal rights, including title II of the ADA and section 504 of the Rehabilitation Act. "

 

Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. §14141

The statute makes it unlawful for any governmental authority, or agent thereof, or any person acting on behalf of a governmental authority, to engage in a pattern or practice of conduct by law enforcement officers or by officials or employees of any governmental agency with responsibility for the administration of juvenile justice or the incarceration of juveniles that deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States. Appropriate equitable and declaratory relief to eliminate the pattern or practice may be obtained through civil action. Types of misconduct covered include, among others: excessive force; discriminatory harassment; false arrest; coercive sexual conduct; unlawful stops, searches, or arrests.

 

Americans with Disabilities Act (ADA) of 1990, 42 U.S.C. § 12101 et seq. (Generally)

The ADA prohibits discrimination on the basis of disability (as defined by statute) in employment, State and local government, public accommodations, commercial facilities, transportation, and telecommunications.

 

Title I, Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. (Employment)

Title I of the ADA requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment opportunities available to others, restricts questions with respect to an applicant’s disability, and requires employers to make reasonable accommodations for known mental or physical limitations, unless it results in undue hardship.

 

Title I complaints must be filed with the U.S. Equal Employment Opportunity Commission (EEOC) within 180 days of the date of discrimination, or 300 days if the charge is filed with a designated State or local fair employment practice agency. Individuals may file a lawsuit in Federal court only after they receive a "right-to-sue" letter from the EEOC.

 

Title II, Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. (State and Local Government Activities)

Title II of the ADA covers all activities of State and local governments regardless of the government entity's size or receipt of Federal funding. Title II requires that State and local governments to give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings).

 

State and local governments are required to follow specific architectural standards in the new construction and alteration of their buildings. They also must relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing, vision, or speech disabilities. Public entities are not required to take actions that would result in undue financial and administrative burdens. They are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided.
 

Title II may also be enforced through private lawsuits in Federal court. It is not necessary to file a complaint with the Department of Justice (DOJ) or any other Federal agency, or to receive a "right-to-sue" letter, before going to court.
 

Title III, Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. (Public Accommodations)

Title III of the ADA covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities. Public accommodations are private entities who own, lease, lease to, or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by title III.

Public accommodations must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment. They also must comply with specific requirements related to architectural standards for new and altered buildings; reasonable modifications to policies, practices, and procedures; effective communication with people with hearing, vision, or speech disabilities; and other access requirements. Additionally, public accommodations must remove barriers in existing buildings where it is easy to do so without much difficulty or expense, given the public accommodation's resources.

Courses and examinations related to professional, educational, or trade-related applications, licensing, certifications, or credentialing must be provided in a place and manner accessible to people with disabilities, or alternative accessible arrangements must be offered.

Commercial facilities, such as factories and warehouses, must comply with the ADA's architectural standards for new construction and alterations.

Complaints of title III violations may be filed with the Department of Justice. In certain situations, cases may be referred to a mediation program sponsored by the Department. The Department is authorized to bring a lawsuit where there is a pattern or practice of discrimination in violation of title III, or where an act of discrimination raises an issue of general public importance. Title III may also be enforced through private lawsuits. It is not necessary to file a complaint with the Department of Justice (or any Federal agency), or to receive a "right-to-sue" letter, before going to court.

Section 504 of the Rehabilitation Act of 1973 (Rehab Act), 29 U.S.C. § 794

Section 504 of the Rehab Act prohibits discrimination on the basis of disability in programs conducted by federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors.
 

Each Federal agency has its own set of section 504 regulations that apply to its own programs. Agencies that provide Federal financial assistance also have section 504 regulations covering entities that receive Federal aid. Requirements common to these regulations include reasonable accommodation for employees with disabilities; program accessibility; effective communication with people who have hearing or vision disabilities; and accessible new construction and alterations. Each agency is responsible for enforcing its own regulations. Section 504 may also be enforced through private lawsuits. It is not necessary to file a complaint with a Federal agency or to receive a "right-to-sue" letter before going to court.
 

Fair Housing Amendments Act of 1988, 42 U.S.C. §§ 3601 et seq.

The Fair Housing Act, as amended in 1988, prohibits housing discrimination on the basis of race, color, religion, sex, disability, familial status, and national origin. Its coverage includes private housing, housing that receives Federal financial assistance, and State and local government housing. It is unlawful to discriminate in any aspect of selling or renting housing or to deny a dwelling to a buyer or renter because of the disability of that individual, an individual associated with the buyer or renter, or an individual who intends to live in the residence. Other covered activities include, for example, financing, zoning practices, new construction design, and advertising.

The Act also requires owners of housing facilities to make reasonable exceptions in their policies and operations to allow people with disabilities to have equal housing opportunities. Further, the Act requires landlords to allow tenants with disabilities to make reasonable access-related modifications, and mandates that new multifamily housing units be accessible to persons with disabilities.
 

The Fair Housing Act requires owners of housing facilities to make reasonable exceptions in their policies and operations to afford people with disabilities equal housing opportunities. For example, a landlord with a "no pets" policy may be required to grant an exception to this rule and allow an individual who is blind to keep a guide dog in the residence. The Fair Housing Act also requires landlords to allow tenants with disabilities to make reasonable access-related modifications to their private living space, as well as to common use spaces. (The landlord is not required to pay for the changes.) The Act further requires that new multifamily housing with four or more units be designed and built to allow access for persons with disabilities. This includes accessible common use areas, doors that are wide enough for wheelchairs, kitchens and bathrooms that allow a person using a wheelchair to maneuver, and other adaptable features within the units.
 

The Department of Justice is empowered to file cases when there is evidence of a pattern or practice of discrimination. The Fair Housing Act may also be enforced through private lawsuits.
 

Equal Credit Opportunity Act (ECOA), 15 U.S.C. § 1691 et seq.

The ECOA prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age, because an applicant receives income from a public assistance program, or because an applicant has in good faith exercised any right under the Consumer Credit Protection Act. The Department of Justice is empowered to file a lawsuit under ECOA where there is a pattern or practice of discrimination. While other federal agencies have general regulatory authority over certain types of lenders, ECOA requires that they refer matters to the Justice Department when there is reason to believe that a creditor is engaged in a pattern or practice of discrimination which violates the Act.

 

Servicemembers Civil Relief Act (SCRA), 50 App. U.S.C. § 501 et seq.

The SCRA provides a wide range of protections for individuals entering uniformed service, called to active duty in the military or deployed servicemembers. It is intended to postpone or suspend certain civil obligations, including outstanding credit card debt, mortgage payments, pending trials, taxes, and termination of leases, while deployed. Specifically, the Act protects servicemembers and their families from eviction from housing while on active duty due to non-payment of rent.

 

Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. § 4301 et seq.

The Act makes it unlawful to deny initial employment, reemployment, retention in employment, promotion, or any benefit of employment to a person who is a member of, applies to be a member or, performs, has performed, applies to perform, or has an obligation to perform uniformed service on the basis of that service. An employer may not discriminate in employment or take any adverse employment action against a person because he or she has taken military leave.

 

Civil Rights Act of 1964, 42 U.S.C. § 2000 et seq.

Prohibits discrimination on the basis of race, color, national origin, sex, and religion. Separate subsections, or Titles, cover the scope of this statute.

 

Title II of Civil Rights Act of 1964, 42 U.S.C. § 2000 et seq.

Title II prohibits discrimination in certain places of public accommodation, such as hotels, restaurants, nightclubs and theaters. The Department of Justice can bring a lawsuit under Title II when there is reason to believe that a person has engaged in a pattern or practice of discrimination in violation of Title II. The Department can obtain injunctive, but not monetary, relief in such cases. Individuals can also file suit to enforce their rights under Title II and other federal and state statutes may also provide remedies for discrimination in places of public accommodation.

 

Title IV of Civil Rights Act of 1964, 42 U.S.C. § 2000 et seq.

Title IV of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, national origin, sex, and religion in public schools and institutions of higher learning,

 

Title VI of Civil Rights Act of 1964, 42 U.S.C. § 2000 et seq.

Title VI prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance.

 

Title VII of Civil Rights Act of 1964, 42 U.S.C. § 2000 et seq.

Title VII makes it unlawful for covered employers to discriminate with respect to compensation, terms, conditions, or privileges of employment on the basis of race, color, religion, sex, or national origin. The Act further prohibits discrimination against an individual because his or her association with another individual of a particular race, color, religion, sex, or national origin, as well as an individual’s interracial association with another.

 

Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. § 2000cc-1 et seq.

RLUIPA protects the religious exercise of persons confined to institutions covered by CRIPA (see above), such as detention centers, mental health facilities and nursing home facilities that occur in a program receiving federal financial assistance or affecting interstate commerce.

 

RLUIPA prohibits a state or local government from substantially burdening the religious exercise of such an institutionalized person, unless the government demonstrates that imposition of the burden furthers a compelling governmental interest and is the least restrictive means available to further that interest. DOJ is authorized to investigate alleged violations of RLUIPA and to file civil lawsuits seeking injunctive or declaratory relief. RLUIPA also enables private individuals to seek judicial remedies for violations.

 

Equal Education Opportunities Act of 1974 (EEOA), 20 U.S.C. § 1703

The EEOA prohibits deliberate segregation of students on the basis of race, color, sex, or national origin. Section 1703(f) of the EEOA requires state and local education agencies to take appropriate action to overcome language barriers that impede equal participation by students in the agencies’ instructional program.

 

Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681

Title IX prohibits discrimination on the basis of sex in any federally funded education program or activity. The principal objective of Title IX is to avoid the use of federal money to support sex discrimination in education programs and to provide individual citizens effective protection against those practices. Title IX applies, with a few specific exceptions, to all aspects of federally funded education programs or activities. In addition to traditional educational institutions such as colleges, universities, and elementary and secondary schools, Title IX also applies to any education or training program operated by a recipient of federal financial assistance.
 

Voting Rights Act of 1965, 52 U.S.C. §§ 10301-10313

The Voting Rights Act prohibits voting practices and procedures (including redistricting plans and at-large election systems, poll worker hiring, and voter registration procedures) that discriminate on the basis of race, color or membership in a language minority group. Section 2 prohibits not only election-related practices and procedures and monitors elections that are intended to be racially discriminatory, but also those that are shown to have a racially discriminatory result.

 

Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), 52 U.S.C. §§ 20301-20311

UOCAVA protects the rights of members of the United States Uniformed Services and merchant marine; their family members; and United States citizens residing outside the United States to vote absentee in elections for Federal office. Among its key provisions, UOCAVA provides for an application called the Federal Post Card Application that qualified servicemembers and overseas citizens can use to register to vote and request an absentee ballot simultaneously. The law also allows for the use of a "back-up" ballot for federal offices, called the Federal Write-In Absentee Ballot. This ballot may be cast by voters covered by the Act who have made timely application for, but have not received, their regular ballot from their state or territory, subject to certain conditions.
 

Voting Accessibility for the Elderly and Handicapped Act Voting Accessibility for the Elderly and Handicapped Act of 1984, 42 U.S.C. §§ 1973ee et seq.

The Voting Accessibility for the Elderly and Handicapped Act of 1984 generally requires polling places across the United States to be physically accessible to people with disabilities for federal elections. Where no accessible location is available to serve as a polling place, a political subdivision must provide an alternate means of casting a ballot on the day of the election. This law also requires states to make available registration and voting aids for disabled and elderly voters, including information by TTYs (also known as TDDs) or similar devices.

 

National Voter Registration Act of 1993, 42 U.S.C. §§ 1973gg et seq.

The National Voter Registration Act of 1993, also known as the "Motor Voter Act," makes it easier for all Americans to exercise their fundamental right to vote. One of the basic purposes of the Act is to increase the historically low registration rates of minorities and persons with disabilities that have resulted from discrimination. The Motor Voter Act requires all offices of State-funded programs that are primarily engaged in providing services to persons with disabilities to provide all program applicants with voter registration forms, to assist them in completing the forms, and to transmit completed forms to the appropriate State official. For more information, contact:
 

Freedom of Access to Clinic Entrances Act (FACE), 18 U.S.C. § 248(c)

Section 248 (c) prohibits (1) the use of force or threat of force or physical obstruction, to intentionally injure, intimidate or interfere with or attempt to injure, intimidate or interfere with any person or any class of persons from obtaining or providing reproductive health services; (2) the use of force or threat of force or physical obstruction to intentionally injure, intimidate, or interfere with or attempt to injure, intimidate, or interfere with any person lawfully exercising or seeking to exercise the First Amendment right of religious freedom at a place of religious worship; or (3) the intentional damaging or destruction of the property of a facility, or an attempt to do so, because such facility provides reproductive health services or intentional damaging or destruction of the property of a place of religious worship. This statute does not apply to speech or expressive conduct protected by the First Amendment. Non obstructive demonstrations are legal.