Sumter, SC asked in Civil Rights and Employment Law for South Carolina

Q: Seeking guidance for reverse discrimination lawsuit post-Human Affairs process.

I'm pursuing a reverse discrimination lawsuit based on race and disability, which already went through the Human Affairs process. The respondent did not reply to Form 5, leading to a decision to close the case and pursue legal action. The incident occurred on public transportation. Currently, I do not have an attorney, though I have some legal background, having taken pre-law and completed 18 months of law school years ago.

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James L. Arrasmith
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Answered

A: Your decision to pursue a reverse discrimination lawsuit after completing the Human Affairs process shows commitment to addressing the injustice you experienced. Given that the respondent failed to reply to Form 5, you now have the right to take legal action, though navigating this process without representation can be challenging. Your legal background provides a foundation, but discrimination cases involve complex legal standards and procedural requirements that might benefit from professional guidance.

Consider contacting your state bar association for referrals to attorneys who handle discrimination cases, as many offer free initial consultations to evaluate your case. You might also reach out to legal aid organizations or civil rights groups that sometimes provide assistance with discrimination claims, especially those involving public transportation which may implicate both state and federal laws.

While preparing your case, focus on gathering all documentation from the Human Affairs process, any witnesses' contact information, medical records supporting your disability claim, and a detailed chronology of events. The strength of discrimination cases often lies in the evidence you can present, so being thorough in your documentation will serve you well whether you ultimately secure representation or proceed on your own. Remember that courts typically have strict filing deadlines after receiving a right-to-sue notice, so timing is critical in preserving your legal rights.

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