Trial Magazine

AAJ fights every day so that plaintiffs in civil rights cases can seek and obtain justice. Our trial lawyer community truly is the voice of the voiceless. Our members take on all manner of civil rights cases, from police brutality, to race discrimination, to anti-bullying matters, to employment discrimination—and beyond. The common thread among these cases is preserving the right to social freedom and equality for all. AAJ is at the forefront of that fight.

In recent years, we’ve sought justice for the victims of police violence through fighting to end qualified immunity, the judicial doctrine that continues to shield law enforcement officers from lawsuits for civil rights violations. Through its amicus curiae program, AAJ has filed or signed on to multiple amicus briefs urging the U.S. Supreme Court to overturn this doctrine that lets wrongdoers escape accountability (justice.org/amicusbriefs). And in the last Congress, we successfully advocated to restore the rights of sexual assault and harassment survivors who were subject to forced arbitration clauses.

And we are keeping that momentum going. AAJ’s Minority Caucus took to Capitol Hill in May, seeking additional cosponsors for a bicameral bill to similarly restore the rights of individuals subject to forced arbitration clauses for their race discrimination cases. The bill was introduced last year by U.S. Sen. Cory Booker (D-N.J.) and U.S. Reps. Colin Allred (D-Texas) and Hank Johnson (D-Ga.). Minority Caucus members held more than 70 meetings with members of Congress or their staff.

Numerous pro-civil justice members of Congress have signed on to the bill as cosponsors, but we need more from both sides of the aisle. If your representatives haven’t yet, please urge them to sign on to the Ending Forced Arbitration of Race Discrimination Act. If you have any questions, email publicaffairs@justice.org.

AAJ also provides crucial resources for handling civil rights cases and helps you stay on top of the latest legal developments. Just a few years ago, cases addressing the rights of transgender people in the workplace were rare. But as society has progressed, there have been more opportunities to expand the rights of this often-marginalized group. AAJ’s education programs and list servers will help you represent clients in this area and many others. You can connect with trial lawyers who have expertise in the civil rights practice area through AAJ’s member groups, such as our Employment Rights Section, Civil Rights Section, Police Misconduct Litigation Group, LGBT Caucus, and Minority Caucus.

In this month’s issue of Trial, read about the fundamentals of Fair Housing Act claims (p. 20); the intersection of police misconduct and disability rights laws (p. 26); overcoming nondisclosure agreements in sexual harassment and discrimination cases (p. 34); and §1983 prisoners’ rights cases (p. 42).

I’m also excited that Trial is featuring a Q&A I did with four AAJ members who ran for public office—they all went after what they believed to bring about change. You can read about their experiences and perhaps be inspired to run for office yourself (p. 48). It is also a reminder that Election Day is around the corner—and you can help safeguard the right to vote with AAJ’s Voter Protection Action Committee (VPAC). Learn about ways to get involved on p. 54.

If you know of an AAJ member breaking ground in civil rights cases, consider nominating them for next year’s Leonard Weinglass in Defense of Civil Liberties Award. This award honors an attorney or civil rights advocate who has made a noteworthy contribution to the defense of civil rights in a way that has had a significant impact by bringing, trying, or resolving a suit, or by otherwise protecting or advancing civil liberties. Please send your nominations to sections@justice.org.

Malala Yousafzai, the renowned Pakistani activist, once said, “I raise up my voice—not so that I can shout, but so that those without a voice can be heard.” AAJ and the trial lawyer community will always fight for the voiceless, the marginalized, and the oppressed. It’s who we are, and we won’t rest until we have equal justice for all.

Lori E. Andrus is a partner at Andrus Anderson in San Francisco and can be reached at lori.andrus@justice.org.