Aside from the potential liability that can arise in the context of employment, various other services, such as housing, public accommodation and education, are also covered by state and federal civil rights statutes. These statutes also contain provisions making it illegal to retaliate against persons who make claims or participate in enforcing them.
1. Discrimination. These types of claims outside of the employment context often involve complex evidentiary issues and questions about burdens of proof. On occasion there may be need to resort to a statistical analysis. Such litigation requires that an experienced attorney be employed to avoid unnecessary trials when the case can be dismissed most efficiently at the pretrial stage by a motion decided by the court.
2. Retaliation. Determining what motivated a particular action against a claimant is critical in analyzing these types of claims. It is often important to seek counsel beforehand to assist in creating a legitimate document trail which will be admissible later in court, should litigation result.
3. Individuals with Disabilities Education Act. The IDEA is the federal statute that requires states to ensure that all eligible children with varying degrees of disability, are provided a free appropriate public education in the least restrictive environment. When conflicts emerge, however, the disputes must be resolved through an administrative hearing or complaint procedure before proceeding to litigation in the state or federal courts. Special education law requires attorneys with knowledge and experience in the complex set of federal regulations, administrative rules and judicial decisions which govern this area.