How To File a Complaint for Civil Rights Violations

Civil rights laws seek to protect people in the United States from unlawful discrimination, harassment, and abuse. Civil rights protections apply to many settings, including the workplace, housing, school, voting, healthcare, and public spaces. If you experience a civil rights violation, you have legal options to enforce your rights and get compensation.

The legal process can get complicated, and an experienced civil rights attorney can help. They can evaluate all aspects of your case and explain your legal options.

Understanding Civil Rights Violations

Civil rights laws ensure equal treatment and protect people from discrimination on the basis of personal characteristics such as race, ethnicity, sexual orientation, gender identity, pregnancy status, age, disability, religion, national origin, and genetic information. The U.S. Constitution and federal laws set the baseline of civil rights; some state and local governments go beyond the minimum and provide more protections.

Civil rights violations can occur in many contexts of everyday life, including:

• Workplace discrimination
• Housing discrimination
• Discrimination at school or in an educational program
• Mistreatment by police or correctional staff
• Restriction of voting rights or the ability to vote
• Discrimination in a public place

For additional information on whether your civil rights have been violated, discuss your case with an experienced civil rights lawyer.

Filing a Complaint with Government Agencies

If you believe you experienced a civil rights violation, you can file a complaint with a state or federal agency. Which government agency you file a complaint with depends on whether federal or state law was violated and whether you are a member of a protected class under the law.

For example, the Civil Rights Division of the U.S. Department of Justice enforces federal civil rights laws and prosecutes individuals or organizations who violate these laws. You can report a civil rights violation by contacting the U.S. Department of Justice (DOJ) and completing its civil rights complaint form. The relevant government agency will conduct an investigation and may refer your case to your state’s attorney general or justice department for further proceedings.

Certain civil rights violations require that you file a complaint with the appropriate state or federal agency before filing a private lawsuit. This requirement is referred to as “exhausting your administrative remedies.” Each agency has its own process that you must follow.

Gathering Evidence and Documentation

If you experience a civil rights violation, document the incident with as much detail as possible. Keep a record of any incidents you believe show a civil rights violation. Documentation will help a civil rights lawyer assess your case at a consultation. Later, it will be essential to prove your case in court or before a government agency.

You should write a detailed statement including the date(s), location(s), and everything said or done. Include the name and contact information of the person or entity you believe harmed you.

Your evidence may also include the following:

• Emails relating to the civil rights violations
• Witness statements
• Video or photographs of the alleged violation
• Police reports

An experienced civil rights attorney can help you collect evidence that will increase your chances of a favorable outcome.

Timeline and Potential Outcomes of the Complaint Process

If you experience discrimination as an applicant or an employee, you may file a discrimination charge with the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC enforces federal civil rights laws that protect you from workplace discrimination and retaliation.

Generally, a discrimination charge must be filed with the EEOC within 180 days of the alleged violation (300 days if state or local law also covers the offense). The agency will notify the employer within 10 days.

If EEOC officials determine that civil rights law has been violated, they will try to reach a voluntary settlement with the employer. Many organizations will opt to resolve the issue through settlement or mediation. If the settlement negotiations are unsuccessful, the EEOC can take the case to court, or it will send you a Notice of Right to Sue. While this notice allows you to file a lawsuit in civil court, it does not guarantee the outcome of a lawsuit. You may only file suit in federal court after filing charges with the EEOC.

Processes and timelines can vary if you are going through your state civil rights agency as opposed to the federal agency. A civil rights lawyer can give further guidance on filing in your state.

Tips for an Effective Civil Rights Complaint

If you believe your civil rights were violated—whether employment discrimination in the workplace or police misconduct by a law enforcement agency—or any other civil rights matter, talk to an experienced civil rights defense attorney using the Super Lawyers directory. They can evaluate your claim and help determine your next steps for making an effective civil rights complaint.