Civil rights

Sexual assault or harassment is an abuse of power. Supervisors, law enforcement, religious leaders, and others in positions of power often exploit those who are vulnerable, believing that they will be shielded by their status in the community. However, perpetrators may be held liable for sexual harassment, assault, and abuse under the law.

Abuse of power often occurs in the workplace. Supervisors serve as the gatekeepers to perks like raises, bonuses, and promotions and may therefore use their position to exploit those working under them. They may attempt to coerce employees into providing sexual favors in exchange for work-related incentives or threaten them with a negative performance evaluation, demotion, or termination.

Those who experience sexual harassment at work are protected by the Civil Rights Act of 1964, as well as California’s Fair Employment and Housing Act, and may be able to collect damages by filing a complaint with either the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH).

Abuse of Power by Law Enforcement

Cases of police misconduct have increased over the last decade. Police officers and other law enforcement officials are in a unique position to take advantage of their title by engaging in wrongful actions, such as:

• Witness/evidence tampering
• Eliciting a false confession
• Racial profiling
• Sexual misconduct
• False arrest
• Misusing access to sensitive information about the public

State actors are generally entitled to qualified immunity; however, victims of government abuse of power may be able to recover damages by filing a civil right claim under Section 1983.

Amendment to California Extortion Statute Closes Loophole

Previously, California law defined extortion as the obtaining of property from another, with their consent, or the obtaining of an official act of a public officer, induced by the wrongful use of force of fear, or under color of official right. On the heels of the #MeToo movement, the Governor signed SB500 into law, a bill that proposed including the obtaining of consideration in the law, which is defined as anything of value, including enumerated sexual acts or sexual images.

Monetary Compensation for Sexual Assault

Although victims of sexual harassment may hold perpetrators accountable under criminal law, they will only obtain monetary compensation through a civil lawsuit. However, there is no cause of action for sexual assault; therefore, the plaintiff must sue under another legal theory, such as civil assault or battery, or intentional infliction of emotional distress.

Damages in this type of case include compensation for injuries stemming from the abuse, such as medical bills, lost wages, and pain and suffering. Plaintiffs should be aware, however, that their recovery is limited by the defendant’s personal assets; entities are more likely to have substantial funds, whereas individuals often do not have enough money to cover large payouts.

If the abuse of power occurred in a school, nursing home, or workplace, plaintiffs may be able to sue that entity in addition to the individual perpetrator under the legal theory of negligent supervision. What constitutes adequate supervision depends on the circumstances of each case. Abuse of power cases can be complex, especially when suing an entity, therefore it is advisable to contact an attorney to discuss your legal rights and options.

Los Angeles Abuse of Power Attorneys at Abir Cohen Treyzon Salo, LLP Help Victims of Sexual Abuse

If you were harmed by someone in a position of power, contact the Los Angeles abuse of power attorneys at Abir Cohen Treyzon Salo, LLP. Our compassionate and aggressive attorneys will fight to ensure that your rights are protected and that you receive the compensation to which you are entitled. We represent clients throughout California from our offices in Los Angeles and San Diego. For a free consultation, contact us online or call us at 833-ACTS-LAWopens phone dialer.

Under both federal and state law, civil rights protections exist to ensure that all people are treated equally under the law. State laws mirror and may even offer broader protections than the federal statutes, such as the Civil Rights Act of 1964, which prohibits discrimination at the federal level.

Those whose civil rights have been violated may have the option of filing a complaint directly with the government or bringing a civil suit against a discriminating party to recover losses incurred as a result of the discrimination. Our legal team is dedicated to obtaining justice for clients whose civil rights have been violated.

Civil Rights Law

Federal laws prohibit discrimination in education, employment, housing, and voting, among other settings. The most prominent legislation in this arena is the Civil Rights Act of 1964, which prohibits discrimination based on race, color, national origin, sex, or religion in public establishments that are engaged in interstate commerce.

Employment Discrimination

Under both Title VII of the Civil Rights Act and the California Fair Employment and Housing Act (FEHA), employers may not discriminate against applicants or employees based on a protected characteristic. California employees who have been discriminated against may either file a claim with the Equal Employment Opportunity Commission (EEOC) or file a complaint with the California Department of Fair Employment and Housing, which will then typically file a dual complaint with the EEOC.

The prohibition against unlawful employment practices extends to all aspects of employment, including compensation, terms, conditions, and privileges of employment. It is unlawful to discriminate against due to:

• Race: Applicants or employees may not be treated unfavorably because they are either of a certain race or they have personal characteristics associated with race, such as skin color or hair texture.
• Religion: Treating a person unfavorably due to their religious beliefs or because they are married to someone of a certain religion is prohibited.
• National Origin: Employers are prohibited from treating applicants or employees unfavorably because of their birthplace, accent, ethnicity, or other indicators of national origin.
• Age: Under the Age Discrimination in Employment Act (ADEA), those aged 40 and older may not be treated unfavorably or harassed at work due to their age.
• Sex: Sex-based discrimination is prohibited under Title VII and includes treating applicants or employees unfavorably because of gender, gender identity, or sexual orientation.

Disability Discrimination

Employers may not discriminate against those with a disability, history of disability, or non-transitory physical or mental impairments. Under the Americans with Disabilities Act (ADA), a reasonable accommodation must be provided for an employee or job applicant unless doing so would constitute an undue hardship for the employer.

Civil Rights Protected by the U.S. Constitution

In addition to state law and federal statutes, such as Title VII, civil rights are also protected by the U.S. Constitution. Those who were deprived of their rights, privileges, or immunities under federal law or the U.S. Constitution may be able to file a Section 1983 claim against a wrongdoer who was acting under the color of the law. Some constitutionally protected civil rights include the:

• Freedom of speech
• Freedom of the press
• Right to due process
• Right to peaceful assembly

Qualified Immunity and Police Misconduct

Police misconduct is one of the most common types of claims brought under Section 1983. Our legal team has obtained successful outcomes in many police shooting and brutality cases, including the infamous Rodney King case. Other types of abuse of power claims include:

• Abuse of Power
• Excessive force
• False arrests/malicious prosecution
• False imprisonment
• Illegal searches and seizures
• Misuse of Tasers

Under the doctrine of qualified immunity, police officers and other government officials are generally afforded qualified immunity from lawsuits. Therefore, if they were acting in their official capacity, government actors may not be sued for discretionary actions, unless it can be shown that their actions violated a clearly established federal law or constitutional right.

Plaintiffs may be able to overcome the qualified immunity defense by providing compelling evidence that the officer’s actions were unreasonable and excessive. These types of cases are notoriously complex; therefore, it is in a person’s best interests to contact a local, qualified attorney as soon as possible for assistance with their case.