Employment & Civil Rights

Clinton Brook & Peed is committed to vindicating our clients’ civil rights. When they have been the victims of employment discrimination or governmental abuses, we bring the fight to the wrongdoers. On the flip side, we vigorously defend employers when they have been wrongly accused by a disgruntled employee. We know how both sides think, which gives our clients the advantage.

DISCRIMINATION

The anti-discrimination laws are designed to protect the dignity of each person in the marketplace and to ensure that employees are hired, promoted, or fired because they deserve it. Whether are on the job, going to the bank, or grabbing a bite to eat, one never should be treated as if you are less than someone else because of your race, ethnicity, national origin, gender, or membership in any other class protected by law. This firm is committed to protecting the rights of individuals in this regard, and to defending companies wrongfully accused of violating these laws.

The Civil Rights Practice is not just about compensation. Indeed, private discrimination lawsuits are an opportunity to spark positive changes in the workplace and the market at large. Violating the anti-discrimination laws will hurt a company’s bottom line; fair business practices and strong anti-discrimination policies are good for business. Forcing an employer or business owner who has violated the anti-discrimination laws to pay for their wrongdoing often encourages offending businesses to improve their behavior. For this reason, if you have been the victim of unlawful discrimination, you not only have the right, but may have the civic duty to vindicate your rights in court.

Below are a few of the different areas of law within this practice:

Wrongful Discharge

In general, most states allow employers to terminate workers for just about any reason, so long as the reason for the termination does not violate public policy. This is where the anti-discrimination laws come in. If you have been terminated because of your race, ethnicity, gender, age, or membership in another protected class, you may have a right to sue your employer. The evidence used to support a claim for wrongful discharge often includes a decision-maker who has made disparaging remarks about your protected class before terminating you, or a replacement by someone less qualified who is outside of your protected class.

Hostile Work Environment

Nearly everyone has experienced a difficult boss or unfriendly co-workers. The anti-discrimination laws are not a general civility code for the workplace and will not protect you from the ordinary trials and tribulations to be found there. But if your workplace is permeated with severe and pervasive hostility on account of your membership in a protected class, you may have a claim.

Retaliation

The anti-discrimination laws are designed to protect those who identify and complain about possible discrimination. When it can be proven that an employer took an adverse employment action against an employee because they engaged in protected activity (e.g., complained to a supervisor or HR manager about possible workplace discrimination), they may be held liable.

Section 1981

Not all discrimination happens in the workplace. There are certain laws, including what is known as Section 1981, that prohibit discrimination in many aspects of everyday life, such as when you go to the bank or eat at a restaurant. If you have suffered an egregious wrong and you suspect it was on account of your race (which includes ethnicity or ancestry), you may be able to state a claim against the wrongdoer.

GOVERNMENT ABUSES

It is illegal for anyone acting on behalf of the government — be it federal, state, or local — to violate your constitutional or statutory rights. If you believe that this has happened to you, it is important to consult with an attorney who knows your rights. You have the right to compensation for any damages you have suffered, and/or to force the government actor to stop violating your rights. Sometimes this can be done without going to court, but oftentimes there is no choice but to file a lawsuit.

Section 1983 Claims

In response to civil rights abuses after the Civil War, Congress enacted 42 U.S.C. § 1983, which allows you to sue people working for state, local, or DC governments who have violated and/or are continuing to violate your rights. Importantly, even though this law was designed to protect the recently-freed slaves, it is broadly applicable to everyone in the United States today, including non-citizens. Classic examples of § 1983 include all manners of breaches of police protocol, such as wrongful arrest, illegal searches and seizures, and use of excessive force.

Bivens Claims

While § 1983 does not protect you from federal government abuses, the Supreme Court has created case law that accomplishes the same objective.

Representative Matters:

  • Won summary judgment on behalf of a progressive private school accused of racial discrimination by a disgruntled teacher.
  • Negotiated a six-figure settlement on behalf of an Arab-American factory worker who endured several years of hostile work environment before being wrongfully terminated by his employer.
  • Negotiated a six-figure settlement on behalf of an African-American family who became the victim of racial profiling while trying to open an account at a national bank.

Client Testimonials:

  • “Mr. Clinton is an excellent attorney and I highly recommend his services. He is professional, knowledgeable, punctual, well-connected, and most importantly–trustworthy. [In approximately 2009,] my family and I were involved in a civil matter with a financial institution. It was a rather traumatic experience. However, despite the complexity and sensitive nature of the situation Mr. Clinton provided consistently superb service throughout the ordeal. In a matter of a few short months, we were able to reach an agreement and settle the case on very favorable terms (without going to trial). Working with Mr. Clinton made what otherwise would have been an arduous situation bearable and even pleasant because I knew my case was being handled by a reliable and extremely competent attorney.”
  • “Mr. Clinton is a superb attorney and a kind human being. I had a very difficult and complicated discrimination case with a federal government employer. Mr. Clinton handled the case very efficiently and professionally. In a short time frame we achieved a positive settlement outcome. He has a rare combination of intelligence, honesty, ethics and communication skills, and he is truly a champion of human rights. It has been a pleasure working with him. He has my utmost respect and admiration, and I would give him the highest recommendation.”
  • “I had the pleasure to hire Mr. Clinton to work on my employment case. My case was really complicated . . . . Mr. Clinton connected all those pieces together to bring my case alive again. He didn’t deal with my case as work only, but as a caring brother who made me feel so blessed to have him representing me. He also considered that English is not my first language, so he was so kind that he used to write the documents in simple words first to make me able to follow disscussion with him and after we agree on it he begins to write it in professional legal way. He is a man of morals and values and I recommend him with pride and full trust to anyone looking for his case to be treated as it has to be. Thank you Tim, and God bless you.”

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