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Explanation of Terms in Civil Rights Laws Chart
"Code Section" - Citation to the section of the state's law (or "code") that pertains to civil rights. Civil rights laws have been enacted at both the federal and state levels.
"Agency" - Indicates the state agency (or agencies) that handle the enforcement, administration, and/or investigation of violations of those laws.
"Administrative Preemption" - In states that have established their own civil rights laws, most have authorized state agencies to handle the enforcement, administration, and/or investigation of violations of those laws. In some cases, the jurisdiction of the agencies takes precedence over a private lawsuit. This is called "administrative preemption." For example, if a worker is allegedly fired because of his or her age, the firing may violate civil rights laws against age discrimination. If the state laws preempt private actions, the employee may only bring the complaint against the employer through the state agency or under the state law. In this case, the employee is bound by any restrictions regarding the type or size of the remedy.
"Private Action Permitted?" - If a state's law permits separate rights of action by a victim of an alleged civil rights violation, this means that the victim is free to pursue his or her own course of action in court. Sometimes this right is absolute, but in many states a private action is permitted only after a claim has been filed with the proper state agency, or may be brought only in certain types of cases (i.e. is allowed in employment discrimination cases, but not in housing discrimination cases).
"Attorney Fees Recoverable by Plaintiff?" - Indicates if -- and in some states, in what specific types of cases -- a plaintiff in a civil rights case can recover fees paid to his or her attorney, when a civil rights claim is successful. An award of attorney fees is separate from other types of damage awards (i.e. compensatory damages, punitive damages).
"Statute of Limitations" - Indicates the time period in which a victim of an alleged civil rights violation must bring a claim. This time period may vary based on the specific type of violation that is alleged (i.e. disability discrimination, fair housing, etc.). (More on Statute of Limitations)
FAQs
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