Human Has Rights

Fights over various human rights issues are nothing new or unusual. Human rights are things that each individual is entitled to. Someone’s human rights can be violated in many ways, all over the world. However, in the United States, some human rights issues are more common than others.

• A major human rights issue is racism. Although the fight against racism has come a long way in the past 50 years, many individuals have their human rights trampled on because of racism. A common example of this is police brutality. When a police officer brutalizes an individual, it is usually because of racism. There have been many incidents of police officers beating black men unprovoked. Racism is a type of discrimination that is still one of the most common human rights issues in the United States.

• Another human rights problem is sexism. Being sexist means that individual feels that one gender is superior to the other. Many times, men rather than women are considered to be sexist. However, sexism is a human rights issue that can affect everyone. In the workplace, sexism can come in many forms. One form of sexism is sexual harassment. Sexual harassment is illegal in the workplace as per Title VII of the 1964 Civil Rights Act. This human rights issue is any unwanted sexual advance made on a person. Both men and women can be victims of sexual harassment.

• While many sexual harassment incidents go unreported, there are some statistics on this human rights issue. Roughly 35% of women have reported being sexually harassed at work and 17% of men have made the same claim. But while 100% of the women’s sexual pursuers were men, only about half of the men’s sexual pursuers were women. The rest was men. Most of the women, 43% had been harassed by their supervisor. It is a common human rights issue when an individual in power abuses it. However, women in power are much more likely to be sexually harassed than women in low-level position.

• In 1998, the U.S. Equal Employment Opportunity Commission cracked down on employers, holding them responsible for sexual harassment at work. To try to correct this violation of human rights, many employers began holding sexual harassment workshops and prevention training programs. Many times, employees are required to take these, as well as reading the company’s sexual harassment policy in the company handbook.

While there are many other human rights that people have that are violated, two of the United States biggest problems are racism and sexism. Despite progress that has been made over the years, there is still work that must be done.

Family Attorney

A family attorney is one who handles a number of legal matters, all relating to the family unit in some way, shape or form. Family attorneys can handle family matters inside or outside of a court room. Besides handling issues like divorce and child custody, they may draft legal documents for their clients, set up trusts and make wills.

• Out of all the different matters that a family attorney will handle, negotiating through a divorce is one of the most common. If a couple has not been married for along time, own no joint property and have no children, then the divorce should be a simple one for a family attorney to take care of. However, many divorce cases involve brutal arguments between couples. Unless the couple has considerable assets, it is likely that the family attorney will be able to handle the matter outside of a court room. A family attorney has a couple reach an agreement about whom will get what in term of community property. If no agreement can be reached, then it is likely that the family attorneys for each party will have to go to court to settle the matter.

• Many times, a divorce involves working out a child custody arrangement between the parents. Family attorneys know that it is most likely that the mother will be granted primary custody of the children, unless there are issues relating to drugs or mental problems. Fathers are usually given visitation rights for the weekends and holidays. A family attorney for each parent will try to reach a mutually acceptable agreement between the couple for an appropriate child custody arrangement. However, not all the responsibilities of a family attorney related to children are sad ones. Family attorneys also help complete adoption proceedings for individuals or couples who are adopting children.

• A typical day for a family attorney will involve a variety of responsibilities including making court appearances, drafting documents and speaking with clients. Filing affidavits, motions and citations will also be part of the daily routine of the family attorney. At times, a family attorney will have to research a client’s case as well.

While being a family attorney involves negotiating a number of tough battles, the results can be extremely gratifying. Hiring a family attorney may be necessary for anyone facing a family issue such as a custody battle or a divorce. Other instances in which one may need a family attorney is for adoption proceedings, common-law marriages, same-sex civil unions, making wills and setting up trust funds.

Immigration Attorney

Like any other kind of attorney, a immigration attorney must be licensed to practice law. Immigration attorneys are attorneys that specialize specifically within the field of immigration. The field can be broken down into sub-categories as well. Some immigration attorneys may work on deportation cases while other immigration attorneys may specialize in helping immigrants with the process of naturalization.

• When it comes to any court involving immigration, immigrants are not provided with attorneys free of charge. If an immigrant wants an attorney to try to prevent their deportation case, then they must hire their own immigration attorney to fight the case. Immigrants who are facing deportation is in a vulnerable situation. Since many immigrants live in poverty, they cannot afford to hire an immigration attorney. Because of this, many immigrants decide to defend themselves. However, immigration attorneys are sometimes willing to work on a sliding scale, charging what they determine that an individual can afford to pay per hour.

• Another way that an immigration attorney might be able to help an immigrant is by leading them through the process of naturalization. Naturalization is the process by which an immigrant becomes a naturalized American citizen. They then have the same rights as any other American citizen, although they can still be deported. Become a citizen requires a series of complicated steps. An immigration attorney should know how to navigate through these steps in a way that an immigrant will not. The process of naturalization involves requirements such as the citizenship test, a background check, an interview and five years of legal residence in the United States.

• An immigrant who can afford to hire a immigration attorney should ask some basic questions of the immigration attorney before hiring him or her. Finding out if the immigration attorney has had a successful career is one of the first things that an immigrant should find out, especially if facing a deportation. If a immigration attorney has fought many deportation orders and won, than the immigrant may find it to be within their best interest to hire the immigration attorney. The same goes for a immigrant who wants to be naturalized. Immigration attorneys should have experience in the process of naturalization.

• The individual should also find out what the immigration attorney fees are. Some may cost hundred of dollars per billable hours while others will only charge what the immigrant can afford.

Because immigration is a hot button issue in the United States, a immigration attorney should be thick skinned and patient.

Civil Rights Attorney

When one wishes to fight for social justice for a living, they may decide to become a civil rights attorney. Civil attorneys fight to stop discrimination and fight for the people who have experienced: whether the discrimination is based on race, ethnicity, gender, sexual orientation, religion or age. Civil attorneys are responsible for fighting lawsuits, many of which are based on employment and housing discrimination. They also fight cases involving racial profiling, sexual harassment and many other issues.

• When someone decides to become a civil attorney, there are several steps that they must take. The first step is receiving an undergraduate degree from an accredited university. Civil attorneys should try to get a background in history or political science when they are getting their bachelor’s degree. These subjects focus heavily on past and recurring incidents of discrimination against various groups. A civil attorney should know the history of civil rights. As a lawyer they may be able to look back on some of the things they learned to help them with discrimination cases. Getting good grades will increase the chances of getting into a top law school.

• After obtaining a bachelor’s degree, the individual who wants to be a civil attorney should take the Law School Admissions Test, also known as the LSAT. One cannot become a civil attorney if they do not pass this test, since this test is needed to get into law school. A high grade on the LSAT will be a tremendous help to a future civil attorney when it comes to being accepted by a top law school. The next step is applying to law schools. A student who wants to be a civil attorney should try to find a law school that has many specialty courses in and human rights and civil issues. While all law school will have some, some law schools may have a greater specialization for people wishing to become civil attorneys. Taking the right law school courses will help a student gain a better understanding and knowledge of the work they will be performing as a civil attorney.

• While in law school, an individual who wants to be a civil attorney should try to find an internship. Internship at law firms that specialize in discrimination cases would be the best bet for gaining experience in the field. Another place to try for an internship is any non-profit organization that concentrates on civil rights. The learning experiences gained at these places will give the civil attorney a solid background of experience in civil rights.

The last step to receiving a law degree is passing the Bar exam for the state that the individual wishes to be a civil attorney in. The student is not licensed to give any type of legal counsel unless he or she has passed the Bar exam. It is only then that they can become a civil attorney.

Grounds of Discrimination

When one feels that they have been unfairly discriminated against, they may decide to hire a discrimination lawyer to sue an individual or company on their behalf. Discrimination lawyers have the same credentials and degree that other lawyers have, but they also have a specialized knowledge of discrimination laws. A common lawsuit to file is one based on discrimination in the workplace. Discrimination lawyers handle those cases on a regular basis.

• If a person chooses to hire a discrimination lawyer, then they will probably be filing a lawsuit against their present or former employer. Discrimination laws exist to keep the workplace fair. If these laws are broken, then an individual has every right to sue the employer. Finding a reputable discrimination lawyer is not difficult. One should meet with the discrimination lawyer to discuss previous discrimination cases. Finding out if the discrimination lawyer has a strong back ground when it comes to fighting these types of cases is important. An individual wants someone who know what they are doing.

• When meeting with a discrimination lawyer, one should discuss fees on the first meeting. Unlike many other kinds of lawyers, discrimination lawyers often work pro bono, or for free due to the nature of the case. Other discrimination lawyers may only decide to only collect a fee if there is monetary compensation for the individual. A state’s Department of Labor will look into the case for the employee to see if they find it valid. If they do, then the Department of Labor may give the individual access to a discrimination lawyer at no charge. Like a legal aide, a discrimination lawyer working for the Department of Labor is paid through them instead of through the individual filing suit.

• Discrimination lawyers fight these cases in several ways. First, they investigate the case to see if they think the individual has a valid complaint. If they think they do, it’s common for a discrimination lawyer to recommend that their client keep a journal of the workplace happenings, if they are still employed there. Keeping careful records of times and dates that particular incidents occur can help a discrimination lawyer prove their case in court. Discrimination lawyers will also gather as many witnesses as possible who will be willing to make official statements or testify. By doing background information on the employer, the discrimination lawyer may try to find out if there have been any similar incidents. If there have been this will make their case much stronger.

After collecting evidence, the discrimination lawyer prepares for trial by filing the necessary paperwork for the individual who is suing. Some employers may try to settle the case out of court. If the client is agreeable to this, then the discrimination lawyer will work out an arrangement between the two parties. If the client is not, then the discrimination lawyer will move ahead with any trial proceedings.

Equal Rights

For years, women have fought for the equal opportunity and equal rights that men have. In the 1920, women known as suffragettes launched a major campaign to allow women an equal opportunity to vote in elections. It was this achievement that truly began to pave the way for women to have equal rights as men, although women still have to fight for equal opportunity in many situations.

• One place in which women fight for equal opportunity in is in the workplace. In the 1950s, equal opportunity did not exist and most women worked as secretaries or nurses. Only one in every three women had a job. Men had positions of power in the workplace. Some brave women began fighting for equal rights early by trying to achieve success within their careers. Even as late as the 1980s, seeing a business woman was rare. As of 2008, the workforce as a whole was made up of 48% women and 52% men.

• Equal opportunity is still not so equal though. Women still statistically earn lower salaries than men do. Jobs that pay a lower salaries tend to have more equal opportunity available for women. At the top of the business game however, women generally earn less money than their male counterparts. Jobs that pay large salaries do not have a reputation for giving equal opportunity to men and women. In fact, many jobs paying upwards of $100,000 pay men a higher salary than women. This problem is being fought by the Equal Employment Opportunity Commission. This is a federal organization that made equal rights and pay in the workplace a law. The law is called the Equal Pay Act and it specifies men and women must be paid the same rate if they have the same job title in the same work place. Many states also have their own state and federal agencies that look into possible discrimination cases to try to restore equal opportunity in the work place.

• Another type of gender discrimination is sexual harassment. Although sexual harassment is usually associated with men harassing women, anyone can be the victim of sexual harassment. Sexual harassment is defined as any unwanted sexual advances, whether physically or verbally. When it comes to sexual harassment, men and women have equal rights and can both file claims if they feel the need to.

Women continue to fight for equal rights and equal opportunities in the work force. Within the last century, women went from not being able to vote to running for President of the United States. Because of incidents like this, women’s organization think that they are making progress.

Civil Rights

Becoming an attorney is a difficult process that is expensive and may take a long amount of time. Most people who become attorneys have a specific reason for wanting to be one. For some, the financial gain is the reason, others may like the excitement. Some attorneys however, only have one thing in mind when entering law school and that is bringing justice to the people. A civil rights attorney may succeed at this goal by working with people who feel they have been discriminated against.

• When a person feels that their basic human and civil rights have been violated, they may decide to seek the services of a civil rights attorney. Although a civil rights attorney will have gone through the same educational process that any other attorney has gone through, they will specialize in knowing all about civil rights of individuals. Civil rights attorneys are responsible for defending people that feel like they have been discriminated against in any number of ways. These basis’ of discrimination include an individual being treated differently because of race, ethnicity, sexual orientation, religion, gender or age. Civil rights attorneys are supposed to fight for the equal rights of their clients.

• The most common place for discrimination to take place is in the workforce. While it may be difficult to prove that an individual was not hired or had their employment terminated based on any of the discriminating factors, is the job of civil rights attorney to try to prove this is a court of law. Attorneys recommend that their clients keep any record of times they felt discriminated against. This may include introducing documents and pictures into the case. A civil rights attorney will gather all possible evidence. Some employers may wish to settle out of court. If that is the case, it is up to the client to decide if they are willing to settle or if they want their attorney to pursue the case anyway.

• Anyone who feels they have been a victim of racial profiling may decide to seek counsel with a civil rights attorney. Racial profiling is very common and involves the police harassing someone with no legal basis for it. Common occurrences of racial profiling involve police pulling over black drivers that are in predominately white neighborhoods or pulling over white drivers in predominately black neighborhoods. In cases like this, some civil rights attorneys will use similar incidents and cases to prove their client’s claims while looking closely into the actions of both the individual and the police officer to see if there was a justifiable reason.

Civil rights attorneys works with several different types of different cases and often have busy schedules. Financially, the pay is statistically not as high as many other types of attorneys, such as criminal attorneys and corporate attorneys. Many civil rights attorneys go into the civil rights field because they want to make a positive difference in their community.

Law School

There are many reasons people want to become lawyers. Some people want to help other by becoming a civil rights attorney while others may be in it for the financial success. Either way, achieving success in law school is important to becoming a good lawyer. Individuals who study hard, read their law books, attend classes and turn in all assignments will have a better chance of making it as a successful attorney than an individual who did not pick up a law book in law school.

• The goal of doing well in law school is to do well as lawyer after graduation. Law school can be very competitive and there are currently many students seeking law degrees in the United States. Law school generally takes three years to complete. Graduating near or at the top of one’s law class by working hard and studying the required law books could open the door for an amazing law career. There are certain standards that every law school follows, although there are certain law schools that are known for being top schools, such as Harvard or Columbia.

• When attending law school, one should expect to be forced to take out many student loans or apply for scholarships and financial assistance; unless the individual is wealthy and can pay outright. Even online law schools can be very expensive and when one has to pay for tuition, law books, other supplies and room and board, the debt will quickly accumulate. While many school books are expensive, law books can easily cost over $100 each and many classes will require more than one law book.

• In law classes, it is common for professors to call on an individual to answer questions out loud in front of the class. Knowing the answers to the questions that are asked is usually dependent on doing the required reading in the necessary law books. If one does not do the required reading, then they will not be able to memorize any parts of the law book and they may fall hopelessly behind in class. This is the case with any subject one is studying, but there are so many factors that must be known for passing the Bar exam at the end of law school. An internship with a law firm may be required of an individual in certain law schools. Even if it is not, any experience is good experience. There is even a chance that a law firm will decide to hire the individual after graduation.

The Bar exam is the final step to becoming a lawyer. After the actual coursework is completed, the Bar exam must be taken. It is a long and difficult exam that covers everything an individual learned in law school. There are many study sessions that are available for individuals who are planning on taking the Bar exam. Study groups will meet to read law books together and quiz one another. Reading the law books carefully will help an individual retain the information they need to pass the Bar exam.

Handling Discrimination

Facing discrimination can be a humiliating experience that may be unforgettable. While discrimination laws do exist to try to protect people from it, discrimination still exists. There are basic discrimination laws regarding many things. One common place that an individual may face discrimination is at their job. It is important to know that one does not have to stand for discrimination, as there are legal actions that can be taken.

• Discrimination based on gender, age, sexual orientation, religion, race or ethnicity are all illegal in the work force. However, although there are discrimination laws meant to prevent these issues, it may sometimes be hard to prove that discrimination is the reason for not being hired or for being terminated from a job. One can handle discrimination at work in several different ways. One way to handle a discrimination issue is to make an official company complaint. The company will have to investigate the compliant and if they find it to be valid, discrimination laws state that the individual or group responsible for the discrimination must receive some sort of reprimand. This may be as small as written warning or as serious as being fired or sued.

• If filing a discrimination complaint at the individual’s place of employment does not reach a satisfying result, the person who feels discriminated against may take their complaint to their state Department of Labor. The Department of Labor knows every discrimination law and can help an individual file paperwork to make an official complaint. Any evidence of the discrimination will be greatly helpful to pursuing the case. Sometimes, this action alone may prompt the company to fire the individual in the hope of avoiding the issues associated with it. The Department of Labor investigates the claim after the paperwork has been filed.

• If the discrimination incident was serious enough to warrant more action, then one has the option to go to the Equal Employment Opportunity Commission. This is the organization that will help with a lawsuit by having the individual fill out the proper paperwork that must be filled out to begin the process. This may be the time to bring in an attorney that specializes in discrimination laws. The Equal Employment Opportunity Commission investigates the individual’s claim and determines whether or not they find it valid.

An individual should be prepared for the reactions of their discrimination complaint. There are many things that may occur, from huge legal battles to facing resentment from co-workers at the job. However, everyone has a right to work in an environment that is free from discrimination.

State Laws

Laws are made primarily to try to protect individuals from harm and to create a fair and balanced system of government. State laws can vary depending on the legal matter at hand. Employee discrimination is against the law in any state. While independently owned businesses may be able to technically adhere to there own set of rules and state laws, they still may be subject to following state laws involving employee discrimination.

• There are many different states that have state laws called “employment at will.” Although this state law gives an employer the right to fire an employee at any time, it also makes them explain the reason for the employment termination. The employer has to have the documentation of the conduct that caused the termination as well as a valid reason for it. Knowing the state laws that govern employee discrimination is important when trying to determine if one’s termination was based on discrimination.

• Individuals must think about their own job performance when coming to a conclusion about the reasoning behind the termination. If the individual was not performing the job properly or showing up late for work, then they probably do not have grounds for a legitimate employee discrimination lawsuit under any state law. One should look for any signs that a supervisor or boss may be considering a termination. If an individual is properly performing their job, showing up on time and acting in a manner befitting the company, then they should begin to keep record of this. Having documentation that proves that the required work was accomplished may be tricky to obtain, but this could be the most important factor for proving that the employer broke the state law. Documenting incidents of possible discrimination as they occur is important.

• Both federal and state laws give some basic rights to employees. When a company is considering hiring or firing someone, they cannot take religion, race, ethnic background, gender, age or sexual orientation into consideration. It is nearly impossible to prove if an employer decides to hire one individual over another because of any of those factors. However, every employee in the United States have these human rights as stated by the United States Constitution. Some state laws refer to this as civil rights instead of human rights within their own constitution.

• When one begins to fight an employee discrimination lawsuit, an individual should consult the state laws regarding the Division of Human Rights and Labor Department. Most states have a branch and this department will help an individual when pursuing justice for their unfair employee termination. Although state laws vary, many times an attorney that specializes in discrimination will be appointed to the individual filing the complaint for free. The department also informs individuals of their state laws regarding job discrimination. An individual should decide ahead of time if they want social justice, their job back, or monetary compensation. Some may want all three.

The most important thing regarding a possible employee discrimination case is being sure as possible that the job termination was caused by discrimination. One should asses themselves honestly about their job performance and see if a bad or mediocre job performance may have been the reason for the termination instead of discrimination.