Strauss, Factor, Laing & LyonsStrauss, Factor, Laing & Lyons2024-02-16T22:44:39Zhttps://www.sfandllaw.com/feed/atom/WordPress/wp-content/uploads/sites/1200617/2019/07/cropped-site-icon-32x32.jpgOn Behalf of Strauss, Factor, Laing & Lyonshttps://www.sfandllaw.com/?p=497202024-02-15T22:44:46Z2024-02-16T22:44:39ZRight to adequate medical care
A fundamental civil right of incarcerated people is the right to receive adequate medical care. The Eighth Amendment prohibits cruel and unusual punishment, which includes denying necessary medical treatment to prisoners. Correctional facilities have a legal obligation to provide access to health care services. This includes routine medical care, emergency treatment and mental health services. If a facility neglects an incarcerated individual's medical needs, he or she has the right to file grievances or seek legal recourse.
Right to freedom from discrimination
Incarcerated people have an entitlement to protection from discrimination based on race, religion, gender or disability. The Equal Protection Clause of the Fourteenth Amendment guarantees equal treatment under the law, including within correctional institutions. Discrimination or harassment based on any protected characteristic is a violation of civil rights. As such, it is subject to legal repercussions. Incarcerated people have the right to report instances of discrimination or file complaints with appropriate authorities to address such misconduct.
Right to access legal resources
Despite incarceration, individuals maintain the right to access legal resources and pursue legal remedies for grievances or injustices. This includes the right to legal counsel. It also includes the ability to challenge convictions or sentences through the legal system, and the right to access legal materials and resources for self-representation. Incarcerated people also have the right to communicate with attorneys, courts and legal aid organizations without interference from correctional authorities. Ensuring access to legal resources upholds individuals' rights. It also ensures due process within the criminal justice system.
Understanding the rights of people behind bars is necessary for advocating for fair treatment and protection while in custody. By recognizing their civil rights, incarcerated individuals can uphold their dignity and seek justice within the confines of the correctional system.]]>On Behalf of Strauss, Factor, Laing & Lyonshttps://www.sfandllaw.com/?p=497192023-11-21T02:33:16Z2023-11-21T02:33:16ZAcademic disparities
One of the first signs of discrimination can manifest in academic performance. If your child is consistently receiving lower grades despite putting in effort, it may be worth investigating further. Discrimination can sometimes take the form of biased evaluations, unequal opportunities or even exclusion from certain educational programs.
Behavioral changes
Children experiencing discrimination may exhibit noticeable changes in behavior. Look out for sudden shifts in mood, withdrawal from social activities or a decline in enthusiasm for school. Such behavioral changes could be indicative of a hostile or unwelcoming environment.
Isolation from peers
Discrimination often leads to social isolation. Take note if your child is consistently left out of group activities or ignored by classmates. These situations make it challenging to form connections and may signal that they are facing prejudice or bias. Children thrive in supportive social environments, and persistent exclusion can adversely affect their emotional well-being.
Unexplained physical symptoms
Discrimination can take a toll on a child's mental and physical health. Unexplained physical symptoms such as headaches, stomachaches or sleep disturbances may stem from the stress of facing discrimination.
The Education Department's Office for Civil Rights reported a record-breaking 19,000 civil rights complaints from schools for the fiscal year ending September 2022. This staggering number highlights the discrimination that today's children are facing in school and the need for adults to confront the problem properly.]]>On Behalf of Strauss, Factor, Laing & Lyonshttps://www.sfandllaw.com/?p=497182023-08-22T17:13:05Z2023-08-22T17:13:05ZSearches without proper justification
The Fourth Amendment protects you against unreasonable searches and seizures. This means that the police cannot search you, your vehicle or your home without a valid reason or a warrant. If you find Rhode Island police attempting to search without clear justification, they may be overstepping their boundaries.
Use of excessive force
Every individual, irrespective of the situation, has a right to be free from excessive force. If the police use more force than reasonably necessary to detain someone or control a situation, they may be in violation of the person's civil rights.
Detainment without probable cause
Being stopped or detained by the police can be an intimidating experience. However, officers must have clear evidence or justifiable suspicion to stop you.
Violation of your right to remain silent
The Fifth Amendment gives you the right to remain silent to avoid self-incrimination. If Rhode Island police continue to question you after you have asserted this right, or if they try to coerce or intimidate you into speaking, they are violating this fundamental right.
Misrepresentation of facts or evidence
While most people may trust that the police provide accurate details about incidents, there are times when they might misrepresent facts or evidence. Be cautious and seek clarity, especially if you feel something does not match your experience.
While most police officers dedicate themselves to serving with integrity, being aware of potential civil rights violations ensures you remain protected and treated justly.]]>On Behalf of Strauss, Factor, Laing & Lyonshttps://www.sfandllaw.com/?p=496332023-05-17T16:38:13Z2023-05-17T16:38:13Zextended employment protections for staff who “partake” in marijuana during non-working hours. While exceptions exist, businesses can still drug-test employees. However, limitations exist when it comes to taking adverse actions against staff and applicants. Should an employee undergo a test that detects cannabis metabolites in the system, those results do not mean that they are under the influence.
A certain level of flexibility
Employers have some leeway, particularly regarding employees whose jobs are considered safety-sensitive, where specific hazards and dangers or responsibilities exist. Other positions that apply are those essential to maintaining public welfare and safety.
Yet, even with the most stringent testing, solid proof of intoxication is still elusive. Pinpointing when an employee used cannabis is the challenge. Even the implementation of urine and hair tests may not support adverse actions against staff.
A certain level of clarity involves staff subject to collective bargaining pacts or federal law. Employers can discipline employees prohibited from using marijuana based on the collective bargaining agreements. Employers in a federal contractor capacity who suffer monetarily could punish employees who test positive for cannabis.
Rhode Island is part of a four-state compact that places limits on employers considering off-duty cannabis use. As more join the collective and other states legalize recreational marijuana, moving forward with more clarity and consistency may be the result.]]>On Behalf of Strauss, Factor, Laing & Lyonshttps://www.sfandllaw.com/?p=496322023-02-23T02:45:48Z2023-02-23T02:45:48Zunfairly target certain demographics.
Racial and religious discrimination
Often, dress codes include rules about hairstyles. Such policies might prohibit certain styles, such as locs, hair extensions or braids, deeming them a distraction. School officials might claim that the dress code policy applies to all students equally, but the reality is that rules about hairstyles often affect black students disproportionately.
Rules about head coverings can be a source of religious discrimination. While it is common for schools to prohibit hats in the classroom, dress code policies should make exceptions for religious head coverings, such as hijabs.
Sex-based discrimination
When it comes to acceptable school attire, girls often face more scrutiny than boys. Many dress codes address the modesty of girls' clothing, including stipulations about length, tightness, sleeves and necklines, while including no such restrictions for boys.
Boys can also face gender discrimination from dress codes that ban male students from having long hair or wearing earrings.
Impact of discrimination
Students accused of violating the dress code often have to leave the classroom. When teachers and school officials target the same students for repeated violations, these students miss out on learning opportunities. Biases in school dress codes can make students feel ostracized and less safe.
School dress codes serve a valuable purpose, but school officials must draft and enforce such policies carefully to avoid discrimination.]]>On Behalf of Strauss, Factor, Laing & Lyonshttps://www.sfandllaw.com/?p=496312022-11-21T20:56:48Z2022-11-21T20:56:48ZCustomers facing financial trouble
Forbes discusses ways to handle customers who do not pay on time. First, know which category a customer falls into if they do not pay.
First, there are those who cannot pay due to financial troubles. Next, there are those who make payments sporadically. Finally, there are those who will do whatever possible to get out of having to pay at all.
Customers who cannot pay due to financial reasons usually have a history of payment that is otherwise good. In these cases, it is beneficial to work with the customer and create a payment plan. This allows the customer to avoid penalties while maintaining a cash flow to the business. When they recover, they will likely be able to continue making payments as usual.
Customers making sporadic payments
Customers who pay sporadically may simply forget about the payments that they owe due to the hectic schedule of their life. These customers benefit from regular reminders about payments.
Customers who refuse to pay
As for customers who try to wiggle out of paying, it is possible to contact a collection agency or consider litigation after making attempts to discuss things with the individual one-on-one. Of course, try to avoid getting into business situations with these people in the first place wherever possible.]]>On Behalf of Strauss, Factor, Laing & Lyonshttps://www.sfandllaw.com/?p=496302022-08-26T20:53:55Z2022-08-26T20:53:55Zbiggest reasons people quit a job. Unfortunately, getting compensation in court will require more than proving hostility.
Proving a hostile workplace environment
Recognizing workplace discrimination is the first step. Proving a hostile work environment in court, however, could be challenging.
You must show that your boss or coworkers treated you in a way that was so offensive and severe that it affected your employment.
Demonstrating a protected characteristic
Rude or hostile behavior is not enough. You must also show that others harassed you because of a protected characteristic, such as your gender or race.
Cruel behavior is never excusable. Still, it is only illegal if someone is harassing you based on the following:
Your gender
Your color or race
If you have a disability
If you are pregnant
If you are over 40
Your national origin
Your sexual orientation
Your marital status
If someone is acting in an inappropriate way, think about talking to a person in management. If your company has a human resources department, talk to someone there as well.
Alerting higher-ups about your difficult situation is the first step. Those in management might not realize how stressful things are. Your company has a vested interest in keeping on staff.
Looking for and training a new employee is expensive. Most companies find it cost-effective to work on a resolution instead.]]>On Behalf of Strauss, Factor, Laing & Lyonshttps://www.sfandllaw.com/?p=496262022-05-20T15:16:35Z2022-05-20T15:16:35Zdiscriminatory practices.
Rights notices
Post laws from the Equal Employment Opportunity Commission in a common area. Next to them, share your company policy against discrimination. Doing this sends a message to staff that prejudicial behavior remains unacceptable.
Anti-discrimination workshops
Everyone can learn more about their unconscious biases. Invest in professionals who can deliver lessons on this sensitive topic. They explore problematic scenarios, along with savvy ways of addressing them. Some may recognize their folly during lessons and independently change their behavior.
Worker complaints
When someone expresses a concern, never discount the seriousness of the matter. Those not in the shoes of the complaining individual might have difficulty understanding. Listen closely before passing judgment. Remember that any actions in response figure heavily during whatever litigation follows.
Employee terminations
There are good reasons for letting a worker go. When they are enough to justify firing someone, make sure the evidence is irrefutable. Present the proof to the individual behind closed doors at the moment of dismissal. Keep this information on file in case anyone questions the official motivation.
Eliminating discriminatory workplace incidents is in the best interests of everyone. Play a part in curing the world of this detrimental problem.]]>On Behalf of Strauss, Factor, Laing & Lyonshttps://www.sfandllaw.com/?p=495932022-02-23T01:22:58Z2022-02-23T01:22:58ZDiscrimination in the workplace
Rhode Island is one of 22 states that explicitly prohibits gender identity discrimination in the workplace. But it still happens. Workplace discrimination against transgendered individuals often falls under the umbrella of sexual harassment, sex discrimination, and/or a hostile work environment. Transgendered or gender-nonconforming employees may experience exacerbated harassment, including:
Pervasive use of incorrect gender pronouns
Inability to use a gender-appropriate or gender-neutral restroom
Intrusive questions that infringe on personal and medical privacy
You should notify your employer immediately if you are being harassed. Because state law prohibits gender identity discrimination, you can file a claim with the Equal Opportunity Employment Commission or the Rhode Island Commission for Human Rights if the harassment continues.
Public accommodation discrimination
Anytime you are outside your home or place of employment, public accommodation nondiscrimination laws protect your right to participate in commerce and recreation. In Rhode Island, businesses cannot create a hostile space for LGBTQ+ persons based on gender identity or expression. Shopping centers, medical facilities, financial institutions, parks, and other business or recreational facilities can face repercussions under the state’s public accommodation nondiscrimination laws if they deny you entry or services or you experience harassment on their premises.
Knowing the rules helps you stand up for yourself when businesses act unfairly or inappropriately.]]>On Behalf of Strauss, Factor, Laing & Lyonshttps://www.sfandllaw.com/?p=495922021-11-19T13:50:14Z2021-11-19T13:50:14Zfour times more likely to become victims of violent crime than their cisgender counterparts. Regrettably, you may not receive the help you need from the police.
Officers often receive precious little training on interacting with members of the LGBTQ+ community. Personal prejudices may cause officers to treat you differently or even to mock or disparage you. If you find yourself in custody, though, you may fall victim to abuse, neglect and other civil rights violations.
A lack of trans-friendly housing
Prisons and jails across the U.S. are not hospitable places, but transgender inmates often encounter a lack of trans-friendly housing. That is, they often must share the same spaces with cisgender inmates who may physically assault them.
To combat the problem, officials often move transgender inmates to solitary confinement. Solitary confinement can be downright brutal, as inmates often have limited communication with family members and friends.
The risk of official violence
Other inmates are not your only concern, of course, as there is no shortage of official abuse. This abuse may happen in a variety of ways.
During your arrest, officers may use an inappropriate level of force. They also may assault you before you post bail or when you are serving a jail sentence. Likewise, if officers deny you access to prescription medication, they may violate your fundamental right to appropriate medical treatment.
You do not have to stand idly by while officers take away your civil rights. Ultimately, legal recourse, including financial compensation, is often available for transgender people who have experienced mistreatment.]]>