Civil Rights

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Civil Rights Information

The United States Attorney's Office works to uphold the civil and constitutional rights of all persons throughout the Southern District of West Virginia, particularly some of the most vulnerable members of our society. The Office enforces federal statutes prohibiting discrimination on the basis of race, color, sex (including pregnancy, sexual orientation, and gender identity), disability, religion, familial status, national origin, and citizenship status.

Statutes Enforced

The United States Department of Justice has jurisdiction to bring cases under a number of federal statutes, including the:

Americans with Disabilities Act (ADA)
Fair Housing Act (FHA)
Voting Rights Act
Equal Credit Opportunity Act (ECOA)
Title IV, Title VI, and Title VII of the Civil Rights Act of 1964
Uniformed Services Employment and Re-employment Rights Act (USERRA)
Servicemembers’ Civil Relief Act (SCRA)
Title IX of the Education Amendments of 1972
Civil Rights of Institutionalized Persons Act of 1980 (CRIPA)
Equal Educational Opportunities Act (EEOA)
Freedom of Access to Clinic Entrances Act of 1994 (FACE)
Religious Land Use and Institutionalized Persons Act (RLUIPA)
Deprivation of Rights under Color of Law
Shepard Byrd Hate Crimes Prevention Act

Disability Rights

The Americans with Disabilities Act (ADA) prohibits discrimination on the basis of disability in many contexts, including employment, transportation, state and local government activities, places of public accommodation, and telecommunications. The Department of Justice is authorized to investigate complaints, conduct compliance reviews to ensure accessibility, and initiate and intervene in litigation.

Fair Housing and Fair Lending

The Fair Housing Act and Equal Credit Opportunity Act prohibit discriminatory housing and residential lending practices based upon race, color, religion, sex, national origin, and familial status. The Department of Justice is authorized to bring a lawsuit if it ﬁnds a pattern or practice of unlawful conduct or if the matter raises an issue of public importance. The Department may also litigate cases on behalf of private citizens who elect such action upon a ﬁnding of reasonable cause by the Department of Housing and Urban Development (HUD). HUD complaints may be ﬁled by going to www.hud.gov.

Educational Opportunities

To ensure equal educational opportunities for all students, the Department of Justice investigates claims that school districts are not providing students who are English Language Learners with appropriate services to overcome their language barriers. The Department can also investigate allegations of discrimination, including harassment and the administration of discriminatory discipline based on race, national origin, sex, religion, and disability, in elementary and secondary schools, as well as in public colleges and universities.

Police Misconduct

The Department of Justice is authorized to investigate patterns or practices of conduct by law enforcement agencies that result in the violation of individuals’ federal and constitutional rights.

Reproductive Rights

The FACE Act protects people from physical intimidation, threats, and violence as they seek or provide reproductive healthcare, including abortion clinics and pro-life counseling.

Civil Rights of Institutionalized Persons

The Civil Rights of Institutionalized Persons Act of 1980 (CRIPA) gives the Department of Justice the authority to investigate conditions at certain institutions operated by state and local governments, including facilities for individuals with psychiatric or developmental disabilities, nursing homes, juvenile correctional facilities, and adult jails and prisons.

Servicemembers' Rights

The Uniformed Services Employment and Re‐employment Rights Act of 1994 (USERRA) prohibits discrimination and retaliation based on military service and requires, among other things, that employers put individuals back to work in their civilian jobs with applicable promotions following military service, under speciﬁed conditions.

Religious Land Use and Institutionalized Persons Act (RLUIPA)

The land use provisions of the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. §§ 2000cc, et seq., protect individuals, houses of worship, and other religious institutions from discrimination in zoning and landmarking laws.

Criminal

The Department of Justice investigates and prosecutes criminal civil rights violations, to include: hate crimes, the willful deprivation of constitutional rights by government officials, human trafficking, interference with access to reproductive health care, and certain election and voting interference due to race, color, religion, or national origin.

Reporting a Civil Rights Violation

If you believe that you have been discriminated against, or that your civil rights have been violated, you may:

Contact the U.S. Attorney’s Office

Submit a written complaint:
U.S. Attorney’s Office
Southern District of West Virginia
Attn: Jason Bailey, AUSA
300 Virginia Street, East
Room 4000
Charleston, WV 25301

Send an email:
Jason.Bailey2@usdoj.gov

Call the hotline:
(800) 659-8726

Contact the U.S. Department of Justice Civil Rights Division

Complete the online form:
https://civilrights.justice.gov/report/

Call the Civil Rights Division:
(202) 514-3847
1-855-856-1247 (toll-free)
(202) 514-0716 (TTY)

Contact Law Enforcement

If you believe you are a victim or a witness of a hate crime or other criminal violation of your civil rights, we encourage you to contact your local law enforcement agency and/or report it to the FBI by calling 1-800-CALL-FBI or submit a tip at tips@fbi.gov. You may remain anonymous.

For further information:
http://www.justice.gov/crt
http://www.ada.gov/
https://www.justice.gov/hatecrimes
http://www.fbi.gov

civil_rights_complaint_form.pdf

Updated July 26, 2023