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JPEsq
JPEsq, Attorney
Category: Legal
Satisfied Customers: 5106
Experience:  Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
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Back ground - I am in a "hostile" (used in the vernacular)

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Back ground - I am in a "hostile" (used in the vernacular) work environment where the Administration refuses to address the disparate environment because "I don't fit into a Civil Rights defined scenario. My contention is that my Rights to equal treatment/opportunity to earn my living are Rights guaranteed by the Constitution under the Right to Liberty and the Pursuit of Happiness; and that Civil Rights were defined later to include persons who were not "originally protected" by the Constitution; and that because Civil Rights (the 14th Amendment) are a subordinate section of the Constitution/Bill of Rights that I am entitled to the same protection under the law as anyone.
My question is - If the Law protects a person from discrimination under the Civil Rights Code. Am I not entitled to equal protection, from the defined conduct in the Civil Rights Code, under the Law?
Submitted: 1 year ago.
Category: Legal
Expert:  JPEsq replied 1 year ago.
The Civil Rights Act of 1964 only addresses certain protected groups (race, color, national origin, gender, religion). There are some other laws that protect other groups such as the American's with Disabilities Act and the Age Discrimination in Employment Act.

To answer your question, the Constitutional Right that you have to equal protection and due process only applies where there is a State actor. That means, it only applies where the government is oppressing you. Your employer, on the other hand, is allowed to have personal preferences and is allowed to discriminate against you, as long as the discrimination is not based on an illegal motivator- race, color, national origin, religion, gender, age and disability (and in some States and some cases sexual orientation).

So you are entitled to equal protection, but you are not protected from your private employer's discrimination, unless it is based on an illegal motivator.
Customer: replied 1 year ago.

My employer is the City of Seattle.

Expert:  JPEsq replied 1 year ago.
I see. Well a government employer does generally have the same rules as a private employer, with the added steps of some due process requirement in most cases. It would probably be more helpful for you to describe the actual issue or treatment.
JPEsq, Attorney
Category: Legal
Satisfied Customers: 5106
Experience: Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
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