Who the Constitution binds
Constitutional compliance is mainly a concern for government, because most constitutional rights restrict what public bodies can do rather than what private employers or businesses can do. Private organizations can be treated as government actors in some situations, such as when they perform a function traditionally reserved to the state or act jointly with officials, and that question comes up often for contractors and nonprofits running public programs. Federal, state, and local bodies are all bound, and the New York Constitution sometimes gives more protection than its federal counterpart. Policies that look routine on paper can raise constitutional issues once they are applied to real people.
Where policies tend to fall short
Recurring problem areas include rules on speech in public forums and on officials' social media accounts, searches by public employers and schools, and procedures that take away a benefit, a license, or a job without adequate notice and a chance to be heard. Religious accommodation and equal treatment questions arise in hiring, zoning, and funding decisions. Gather the written policies, the training materials, and records of how decisions are actually made, since a policy that is sound on paper can be applied in a way that is not. Complaints and lawsuits against similar bodies often point to the weak spots.
A review that keeps policies current
Constitutional standards shift as courts decide new cases, and policies drafted long ago may no longer match current law, particularly on speech and religion. A review usually starts with the policies that touch the most people or carry the most litigation risk. In a first meeting we discuss which activities your organization performs, whether it is a government body or acts on behalf of one, and which policies have drawn complaints. We then prioritize revisions and training aimed at reducing the risk of a civil rights suit.
