Protecting civil rights is an essential part of the democratic values of the United States.
By Taylar-Simone McCants, J.D. | Legally reviewed by Aviana Cooper, Esq. | Last reviewed October 25, 2024
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Civil rights protections are a collection of constitutional rights aimed at ensuring equal treatment and opportunities for all citizens. The historical context of the Civil War, racial segregation, and landmark cases like Plessy v. Ferguson underscores the evolution of civil rights in the United States.
The struggle for advancing civil rights continues to shape our nation's pursuit of equality, justice, and human rights. We'll explore the basics of civil rights in U.S. law.
Civil rights refer to the fundamental rights and freedoms granted to individuals by a government and are protected by law. Civil rights are an expansive and significant set of rights designed to protect individuals from unfair treatment. They are the rights of individuals to receive equal treatment and to be free from unfair treatment or discrimination in several settings. Protected characteristics include:
Historically, the Civil Rights Movement referred to efforts toward achieving true equality for African Americans in all facets of society. Today the term civil rights is also used to describe the advancement of equality for all people regardless of
In the United States, this has included not only the African American civil rights movement but also movements inspired by the civil rights movement, such as the American Indian Movement and the Chicano Movement.
Most laws guaranteeing and regulating civil rights originate at the federal level through federal legislation, such as:
Age Discrimination Act of 1975 - Prohibits discrimination based on age in programs and activities that receive federal assistance, such as:
Age Discrimination in Employment Act (ADEA) - Prohibits discrimination against job applicants and employees over age 40. It prohibits discrimination on compensation, advancement opportunities, and other employment conditions.
Americans with Disabilities Act (ADA) - Prohibits discrimination based on disability in:
The Civil Rights Act of 1964 - Legislation prohibiting discrimination in employment, education, voting, and public accommodations on the basis of:
Fair Housing Act (FHA) - Prohibits housing discrimination on the basis of race, religion, sex, familial status, and disability.
Section 504 of the Rehabilitation Act of 1973 - The first disability civil rights legislation passed in the United States prohibiting discrimination against disabled people in programs receiving federal financial assistance.
Voting Rights Act of 1965 - Enacted to address Jim Crow laws in the Deep South and other barriers minorities faced when trying to take part in elections. The Supreme Court removed critical provisions of the Act in 2013.
Civil rights also come from federal court decisions such as those handed down by the U.S. Supreme Court, including the landmark Brown v. Board of Education decision.
One of the most notable milestones in the struggle for civil rights was the desegregation of public schools and public facilities. The Court upheld racial segregation in the infamous Plessy v. Ferguson Supreme Court decision. The Court's decision perpetuated discrimination and inequality.
The Fourteenth Amendment to the U.S. Constitution, ratified after the Civil War, became the foundation of civil rights protections. The Fourteenth Amendment established the principle of equal protection of the laws. It sought to ensure that no state could deprive any person of life, liberty, or property without due process. This amendment marked a step toward achieving equal rights for all citizens.
States also pass their own civil rights laws through the state constitution and other laws. The state laws can also be more protective of civil rights than their federal equivalents, including protections for people who identify as a part of the LGBTQ community.
Municipalities like cities and counties can also enact ordinances and laws related to civil rights.
One of the most basic civil rights is equal protection under the law. This right stems from the Fourteenth Amendment. The 14th Amendment became law after the Civil War. Many newly freed people wished to work, own property, and build new lives. But many people refused to do business with formerly enslaved people. Also, local police often refused, based on race, to protect African Americans.
Congress passed the 14th Amendment in 1868 to ensure more equal rights for everyone. Although the amendment was only partially successful then, it has since grown to protect people of all races, national origins, and genders from discrimination by government authorities.
The federal government and many state governments have since developed other laws to prevent discrimination by private establishments. This is why employers can't make hiring or firing decisions based on protected categories like race, religion, national origin, gender, or sexual orientation. Similarly, restaurants can't refuse to serve people on the basis of race or other protected factors.
The Bill of Rights, which consists of the first 10 amendments of the U.S. Constitution, protects civil liberties. Civil liberties protect you from government interference and overreach. A few of the most well-known are:
One of the strengths of civil liberties is that they belong to all in the United States. This generally includes those who have committed crimes. Prisoners still maintain fundamental constitutional rights to:
But several rights and liberties may be limited while you're serving prison time. Even after you're released, some rights may be curtailed while you're on parole or if you've committed a serious offense.
Civil rights are different from civil liberties. Traditionally, civil rights have revolved around the fundamental right to be free from unequal treatment based on specific protected characteristics (race, gender, disability). In contrast, civil liberties are more broad-based rights and freedoms guaranteed at the federal level by the Constitution and other federal laws such as fundamental rights, including:
As society evolves, the struggle for civil rights adapts to the changing landscape. The Department of Justice plays a critical role in upholding rights and liberties by investigating and addressing issues such as employment discrimination. The concept of equal employment opportunity prohibits bias based on factors such as:
Voter rights are another crucial aspect of civil rights. Voter rights ensure that every eligible citizen can take part in the democratic process. Discriminatory practices such as literacy tests, poll taxes, and voter intimidation were used to disenfranchise minority voters. The Civil Rights Movement challenged these practices, which led to legislative changes that expanded access to the ballot box.
The unsung hero of the constitutional amendments is the right to due process. This right stems from both the Fifth Amendment and the 14th Amendment. The right to due process means the government can't remove your right to life, liberty, or property without a proper hearing.
Because of the right to due process, Congress and state legislatures have created complaint processes in several government agencies designed to help you enforce your civil rights. For instance, the Equal Employment Opportunity (EEOC) handles employment discrimination complaints. The Department of Justice (DOJ) enforces federal laws governing discrimination.
If your civil rights have been violated in any way, you may have a valid legal claim for damages. Important decisions related to your case can be complicated, including which laws apply to your situation and who's responsible for any harm you suffered.
An experienced civil rights attorney can check all aspects of your case and explain the legal options available to you to ensure the best possible outcome for your case.
