Civil Rights Violations Questions & Answers In our publication, we mention and discuss Civil Rights criminal violations, civil violations and all sorts of related legal terms, but what do all these terms mean? We thought it might be useful to give our readers a bit of a primer on what these terms mean and how they are used by the legal system in criminal and civil cases related to Civil Rights. The following questions and answers were provided by the US Justice Department. Q. What are the differences between a civil and a criminal civil rights violation? A. A criminal violation requires the use or threat of force. Criminal cases are investigated and prosecuted differently from civil cases. More and stronger evidence is needed to obtain a criminal conviction than to win a civil suit. Should the defendant be acquitted, the Government has no right of appeal. A federal criminal conviction also requires a unanimous decision by 12 jurors (or by a judge only if the defendant chooses not to have a jury). Civil cases are usually heard by a judge, but occasionally a jury will decide the case. Both criminal and civil cases can be resolved without a trial where both sides agree and with the concurrence of the judge; this is done by a plea agreement in a criminal case and by a consent decree in a civil suit. In criminal cases, judges must use the Federal Sentencing Guidelines in determining the defendant's punishment, whereas judges in civil suits may or may not adopt remedies as recommended by the Government when it wins. Q. If there is no violence or threat of violence, whom should I contact? A. If no violence is involved, complaints should be submitted in writing to the Civil Rights Division, where it will be forwarded to the appropriate Section for review. The Division's mailing address is: Civil Rights Division U.S. Department of Justice 950 Pennsylvania Ave., NW Washington, D.C. 20530 Q. What do I do when my civil rights have been violated, and can I make a complaint on behalf of someone else? Must it be in writing? A. Individuals may report possible violations on their own or on behalf of others if they have sufficient first-hand information about the incident. The information provided should include names of the victim( s), any witnesses, and the perpetrators (if known), a description of the events, and whether any physical injuries or physical damage were incurred. Complaints in writing are preferred, but there may be circumstances when a telephone complaint is appropriate (especially if there is an immediate danger). The "blue pages" of your local telephone book should have the phone numbers and addresses for the agencies shown below. Hate crimes: • Local FBI field office or • Local police department Health care access interference: • Local FBI field office [phone threats] • Local ATF (Treasury) [bombing or arson] Involuntary servitude or migrant worker exploitation: • Local FBI field office or • Worker Exploitation Task Force -- 1-888-428-7581 (weekdays 9 - 5:30 EST) -- [available in 100 languages during work hours and English, Spanish, Russian, and Mandarin after hours] Housing interference: • Local FBI field office and/or • Local HUD office Official misconduct: • Local FBI field office Religious interference or property damage: • Local FBI field office If you are unable to locate the appropriate office listed above, please send the complaint in writing directly to the Criminal Section at the following address: Criminal Section Civil Rights Division U.S. Department of Justice P.O. Box 66018 Washington, D.C. 20035-6018 Q. Is there a cost involved in making a complaint? A. There is NO FEE required to file a complaint. Q.What help can I receive if I am a victim whose civil rights have been violated? A. During the course of a federal criminal civil rights investigation, the victim may be eligible to receive compensation and other assistance provided through various local Government and private agencies. Each state has eligibility requirements for receiving compensation, usually requiring that the victim promptly report the incident and cooperate with the police and prosecutors. In general, victims may be compensated for medical and mental health treatment, funerals, lost wages, and crime scene clean-up. These programs have been established in every state and receive federal grants from a fund consisting of fines paid by convicted defendants nationwide. Q.Can a victim receive monetary compensation as the result of a criminal case? A. If a defendant is convicted as the result of a federal criminal civil rights prosecution, the Criminal Section will ask the court to order restitution to be paid to the victim where it is permitted by law and appropriate to the facts of the case. Q. Will the federal government represent me in a lawsuit against the defendant? A. The United States Government cannot represent a victim in a civil suit arising out of a criminal civil rights violation. Victims may contact a private attorney to pursue a civil action even if there has been a federal prosecution for the same incident. Q. Do all federal criminal civil rights violations require racial, religious, or ethnic hatred? If not, what does "color of law" mean? A. Official misconduct and slavery cases (such as police beatings and migrant worker exploitation) do NOT require that the law enforcement officer or exploiter have acted out of hatred for the victim because of the victim's race, national origin, color, or religion. However, there are several laws that do require that the unlawful acts be based upon such a discriminatory motivation. These include housing and religious interference or acts intended to prevent an individual from enjoying certain federal rights (voting, employment, use of public facilities or access to health care [gender]). Civil Rights Division of the Justice Dept: Typical cases Police Officer Disriminated against due to his Religion "My sincere thanks to the Employment Litigation Section of the Civil Rights Division of the Department of Justice, whose dedicated employees enforced my federally protected right of religious observance. As a police officer I enforced laws and protected people's rights generally, yet my own civil rights were violated on the job. Now, I am free to observe my religion. I note that other employees have learned to be sensitive to such fundamental rights, and saw through me what it is like to stand up for a sincere belief. " - Faheem A. Akil. Mr. Akil has been a police officer with the City of Wilmington, Delaware Police Department since 1984. Prior to his employment, Mr. Akil informed the police department that he was a practicing Muslim. He performed well and he was promoted. Yet, during his course of employment a conflict emerged between Mr. Akil's livelihood as a police officer and his religious beliefs that required him to wear a beard. Mr. Akil asked for and was denied accommodation for his religious observance. In fact, he was suspended for refusing to shave his beard. He found this a wrenching personal experience. Within three days of his suspension, he filed a charge of employment discrimination with the Equal Employment Opportunity Com-mission, which ultimately referred the charge to the Department of Justice for litigation. Title VII prohibits, among other things, employment discrimination on the basis of religion and requires employers to make reasonable accommodations for an employee's sincerely held religious beliefs. After filing suit on behalf of Mr. Akil, the Employment Litigation Section successfully negotiated a consent decree. In the decree, Mr. Akil was awarded monetary relief to cover his lost pay for the time he was suspended, with accumulated interest and pension benefit contribution, along with compensatory damages. The decree also made clear that Mr Akil would be permitted to wear a beard; and the City of Wilmington agreed to expunge from its files all information relating to proposed or actual disciplinary actions against Mr. Akil. Sex Discrimination in School District "Thanks to Title VII and the Department of Justice, I was able to break through the glass ceiling in my School District. In the process, an entire community was educated about sex discrimination. I will never forget the tireless work and dedication of the Civil Rights Division employees who made it possible for me to get the job I deserved." - Maryann Bucci In a school district that had never employed a female Superinten-dent or Assistant Superintendent, Maryann Bucci was well-qualified, in fact, the best qualified, to become Assistant Superintendent in Hancock County, West Virginia. She had impeccable academic credentials - a bachelor's degree in Elementary Education and a master's degree in Educational Administration and numerous professional certifications. She had a distinguished career with 23 years of experience as a teacher, principal, and central office administrator. As Director of Curriculum, Ms. Bucci was in charge of curriculum and instruction for all seventeen schools throughout the school district -- special education, vocational education, elementary, junior high and high school - and had administrative responsibility for principals, teachers and other educators in these schools. And she had received numerous awards for her outstanding performance and service to both her school district and the community. In fact, the Governor of West Virginia invited her to present one of her innovative programs to the state legislature and thereafter adopted it as a State-wide program. Yet Ms. Bucci was rejected for the position of Assistant Superinten-dent in favor of a lesser qualified man - a man who did not have a master's degree in Educational Administration nor the broad teaching and administrative experience that she had. Ms. Bucci filed a complaint with the U.S. Equal Employment Opportunity Commission and ultimately the Department of Justice filed a federal lawsuit on her behalf under Title VII of the Civil Rights Act of 1964. A federal court found that Ms. Bucci had been rejected for the position because of her sex. The court found that the Superintendent who rejected Ms. Bucci said that he knew how to take care of "ambitious women" like her - he would stick them in a corner and forget about them. The court also found that he told the PTA presidents, all of whom were women, that they should "stay at home and take care of their kids and their husbands." In addition, the court found that he made unwanted sexual advances towards female employees. Finally, the court found that "by objective measurement and by [the Superintendent's] stated criteria, Maryann Bucci was more qualified for the position of Assistant Superintendent than was [the male who was selected]." The court awarded back pay to Ms. Bucci to compensate her for the increase in salary she would have received had she been selected for the position. More importantly, the School District was ordered to appoint Ms. Bucci to the position of Assistant Superintendent. She thus became the first woman ever to hold that position in her school district. Racial Discrimination against Black Police Officer "My deepest appreciation goes to the Department of Justice whose dedicated employees enforced my civil rights when I was being racially discriminated against in employment as a police officer. During that time, the emotional pain inflicted upon me daily by my employer's racial slurs, demeaning treatment, and the daily use of the ' n-word ' when referring to me and other African Americans was almost overwhelming and made me feel so worthless that I could not perform my work the way I wanted to. Now, I am treated fairly, the use of the ' n-word ' is absolutely not tolerated, I am no longer racially discriminated against, the former Chief of Police no longer works here, and my self-esteem has been fully restored." - Jimmy D. Fletcher. In its lawsuit against the City of Willis, the DOJ alleged that Mr. Fletcher, a police officer with the police department in Willis, was subjected to racial harassment and that City failed to take steps to stop it. Mr. Fletcher alleged that the then-police chief in the City of Willis used the ' n-word ' on a daily basis when referring to Mr. Fletcher and other African Americans. According to Mr. Fletcher, the chief assigned Mr. Fletcher to be the personal bodyguard for the Grand Wizard of the KKK when the Klan was holding a rally in Willis. Mr. Fletcher filed a charge of racial discrimination in employment with the Equal Employment Opportunity Commission which ultimately referred the charge to the Department of Justice for litigation. After filing suit, DOJ successfully entered into a consent decree with the City of Willis. Under the decree, Mr. Fletcher was awarded monetary relief of $25,000 in compensatory damages and 320 hours of sick leave and 320 hours of compensatory time off with pay. Additionally, under the terms of the decree, the City of Willis agreed to remove from its records and files all documents that reveal that Mr. Fletcher complained about racial harassment and retaliation. Additionally, for the purposes of ensuring that the provisions of Title VII's prohibition against racial discrimination in employment are fully implemented, the City of Willis agreed not to engage in any discriminatory act or practice against any employee because of that person's race. Further, the City of Willis committed to amending its current grievance procedure to clearly identify to whom a complaint alleging a Title VII violation should be submitted to if any employee chooses to seek an internal remedy.

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