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United States Civil & Human Rights Legal Questions answered by Lawyers

Browse our 1 legal question about Civil & Human Rights in United States and the lawyer answers, or ask your own questions for free.

My husband passed away five years ago. We have a property in th Philippines and I would like to transfer everything to my child. We are now residing in California, as U.S. citizens and my late husband a Filipino citizen.c
Estate Planning Civil & Human Rights Probate
How can I transfer Title on the property to my child?
Lawyer answer by Recososa Law Firm

Hello: We are sorry to hear about the passing of your husband, and we extend our deepest condolences. Regarding your concern, since your husband was a Filipino citizen and you are now both U.S. citizens residing in California, the property...

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About Civil & Human Rights Law in Tennessee, United States

Civil and human rights law in Tennessee protects individuals from discrimination, ensures fair treatment, and upholds the fundamental liberties guaranteed by the United States Constitution and the Tennessee State Constitution. This area of law covers basic rights such as freedom of speech, the right to privacy, equal protection under the law, and freedom from discrimination based on race, gender, religion, disability, and other protected characteristics. The Tennessee Human Rights Act, the U.S. Civil Rights Act, and various other federal and state statutes form the backbone of protections available to residents of Tennessee.

Why You May Need a Lawyer

People often require legal help with Civil and Human Rights issues when their rights have been violated or threatened. Common situations where you may need a lawyer include:

  • Experiencing workplace discrimination or harassment
  • Facing unequal treatment or denial of services due to race, gender, religion, nationality, disability, or age
  • Being subjected to excessive force, unlawful searches, or other police misconduct
  • Problems related to voting rights or access to public accommodations
  • School or education-based discrimination issues
  • Disputes regarding freedom of speech or religious expression
  • Issues with elder or disability rights
  • Retaliation after reporting unlawful or unethical conduct
  • Denial of housing based on protected characteristics

A lawyer can help you understand your rights, evaluate your case, gather evidence, represent you in negotiations or court, and ensure your interests are protected.

Local Laws Overview

Tennessee follows federal laws such as the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Fair Housing Act. In addition, the state has its own statutes that enhance these protections:

  • Tennessee Human Rights Act - Prohibits discrimination in employment, public accommodations, and housing based on race, color, creed, religion, sex, age, or national origin.
  • Tennessee Disability Act - Safeguards the rights of individuals with disabilities in employment and public access.
  • Employment Rights - The Tennessee Department of Labor handles workplace discrimination claims and enforces right-to-work protections.
  • Public Accommodations - Businesses and facilities that serve the public must provide equal access and treatment to all, irrespective of protected class status.
  • Voting Rights - Tennessee law guarantees voting access and prohibits discrimination or suppression at the polls, though certain restrictions may apply to individuals with felony convictions until their rights are restored.

If you believe your rights have been violated, you may have the option to file a complaint with state agencies such as the Tennessee Human Rights Commission or pursue legal action in state or federal court.

Frequently Asked Questions

What is the difference between civil rights and human rights?

Civil rights are legal protections and privileges granted by law to individuals, ensuring freedom from discrimination or unfair treatment. Human rights are fundamental rights regarded as belonging to all people, such as the right to life, liberty, and security, regardless of laws or borders. In practice, there is significant overlap, especially in legal cases in Tennessee.

Who is protected under Tennessee’s civil rights laws?

Protections are extended to individuals on the basis of race, color, creed, religion, sex, age, national origin, and disability in areas such as employment, housing, and access to public accommodations.

How do I file a discrimination complaint in Tennessee?

You can file a complaint with the Tennessee Human Rights Commission or the Equal Employment Opportunity Commission depending on your situation. Complaints generally must be made within a certain time frame, usually 180 days from the discriminatory act.

What should I do if I experience police misconduct?

Document the incident as thoroughly as possible and file a complaint with the local police department or with the Tennessee Human Rights Commission. Consulting a civil rights attorney is advised, especially if your civil rights were violated.

Are there protections for LGBTQ+ individuals in Tennessee?

Federal protections against employment discrimination based on sexual orientation and gender identity apply in Tennessee due to U.S. Supreme Court rulings. However, some state and local laws are limited, and protections may vary based on the issue at hand.

What is considered workplace discrimination?

Workplace discrimination occurs when an employee is treated unfairly or denied employment opportunities because of a protected characteristic such as race, gender, age, religion, or disability.

Can I take legal action if I am denied housing due to my race or disability?

Yes. Denial of housing based on race, national origin, religion, sex, familial status, or disability is prohibited under both state and federal law. Legal action or administrative complaints can be filed to challenge such discrimination.

Do civil rights laws apply to private businesses?

Yes, many civil rights laws apply to private businesses, especially those that serve the public or employ workers. Businesses must not discriminate in employment practices, accommodations, or service provision.

Are schools in Tennessee required to accommodate students with disabilities?

Yes. Both state and federal laws require public schools to provide reasonable accommodations and equal access to educational opportunities for students with disabilities.

What recourse do I have if I am retaliated against for reporting discrimination?

Retaliation for reporting discrimination is illegal. If you face adverse consequences after making a complaint, you may have grounds for an additional legal claim.

Additional Resources

A range of organizations and agencies offer support, information, and investigation of civil and human rights concerns in Tennessee, including:

  • Tennessee Human Rights Commission
  • Equal Employment Opportunity Commission (EEOC)
  • American Civil Liberties Union of Tennessee (ACLU-TN)
  • Disability Rights Tennessee
  • Tennessee Fair Housing Council
  • Legal Aid Society of Middle Tennessee and the Cumberlands
  • Tennessee Department of Labor and Workforce Development
  • United States Department of Justice Civil Rights Division

These organizations provide guidance, complaint intake, advocacy, and sometimes legal representation or referrals.

Next Steps

If you believe your civil or human rights have been violated in Tennessee, consider the following steps:

  • Document everything related to your situation, including dates, times, witnesses, and any relevant communications or evidence.
  • Contact an attorney who specializes in civil or human rights law to discuss your case and receive an evaluation.
  • Consider filing a formal complaint with the relevant state or federal agency.
  • Research the available community and government resources listed above for assistance and support.
  • Act promptly, as there are often deadlines for filing complaints or lawsuits related to civil rights violations.
  • Stay informed about your rights and seek support from trusted family members or advocacy groups during your legal process.

Taking immediate and well-informed action is the best way to protect your rights and seek justice. If you are unsure how to proceed, reaching out to a qualified local attorney is an important first step.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.