Examples of Civil Rights Law in Action

The United States has a long history of civil rights protections. From the U.S. Constitution and the Bill of Rights to the protections secured during the Civil Rights Movement, civil rights law enshrines various fundamental and essential rights.

These rights were originally protected from government overreach. In the 1960s, these protections were extended to cover the relationships between private individuals and businesses. Civil rights lawyers use administrative and judicial processes to protect their clients’ rights and hold others accountable for violations.

Protecting the Accused From Law Enforcement Overreach

The U.S. Constitution protects the rights of those suspected or accused of crimes from unchecked government power.

The Fourth Amendment sets limits on searches and arrests. Specifically, officers and agents must obtain a warrant before searching or arresting anyone, unless the action falls into a specific warrantless exception.

For example, an officer can arrest you without a warrant if they witnessed something that provided probable cause to believe you committed a crime.

The Eighth Amendment, combined with the Due Process Clause, protects individuals from excessive police force.

The Due Process Clause prevents the police from punishing the accused without a trial and conviction. The Eighth Amendment protects people convicted of crimes from “cruel and unusual punishment.” When the police or correctional officers use excessive force, they may violate one or both of these protections.

Preventing Workplace Discrimination

The Civil Rights Act of 1964 moved beyond protections from government acts, applying these principles to private individuals and businesses as well. They blocked businesses from discriminating among workers and job candidates based on any of the following classifications:

• Race
• Color
• Sex
• Religion
• National origin

Subsequent federal laws, such as the Americans with Disabilities Act, added disabilities to the list of banned grounds for making employment and hiring decisions. Additionally, court decisions interpreted “sex” to include characteristics arising from sex, such as pregnancy, marital status, and sexual orientation.

As a result, a lawyer for civil rights can pursue administrative or judicial remedies when businesses take any of the following actions based on these classifications:

• Posting job openings
• Hiring
• Terminating
• Promoting
• Setting pay rates
• Offering training or other job perks

Additionally, the courts have interpreted the Civil Rights Act of 1964 as prohibiting employers from creating a hostile work environment. Thus, the employer must take an active role in stopping the harassment of its employees by supervisors or co-workers based on any of the aforementioned classifications.

Enforcing Voting Rights

The Voting Rights Act of 1965 banned discriminatory voting registration rules and processes to protect access to the ballot box. It also prohibited the government from using literacy tests and other practices used as a proxy for discrimination.

The Voting Rights Act has regained relevance as states have implemented new voter identification requirements and reduced polling locations to encumber, and possibly suppress, certain voters.

Ensuring Equal Access to Housing

The Fair Housing Act was passed after the Civil Rights Act. This legislation outlawed unjust housing decisions by sellers, landlords, and lenders based on protected classifications. These laws don’t guarantee housing; rather, they secure equal opportunities to obtain housing regardless of a person’s immutable characteristics.

For example, a seller or landlord cannot state in listings that a property is limited to buyers or renters of particular races. Similarly, lenders cannot consider gender when determining whether to approve a mortgage application.

Safeguarding Students’ Rights to Equal Educational Opportunities

The Civil Rights Act included protections for students at schools of all levels that receive federal funding. Since all public schools and most public and private universities have some federal funding, these laws apply nearly universally.

Under this civil rights law, institutions cannot deny educational opportunities, including admission, financial support, and housing, based on a suspect classification. Similarly, they must work to eliminate any hostile environment for students who are members of a particular class.

Protecting Core Freedoms

The First Amendment isn’t a civil rights law — it’s the first limitation in the Bill of Rights on the government’s power. According to its terms, Congress cannot pass laws that infringe any of the following rights:

• Speech
• Press
• Assembly
• Petitioning the government

The First Amendment also covers religious rights from various directions.

The amendment prohibits Congress from passing any laws that impair the free exercise of religion. At the same time, it also prevents Congress from establishing a state religion. This means the laws cannot show favor to one religion over any other.

Importantly, the Civil War amendments in 1865 extended the First Amendment to the states. Consequently, no government at any level can pass laws that violate its restrictions.

FAQ

Are Civil Rights Only Important for Women and Minorities?

Civil rights laws protect everyone. You may have a civil rights case if you’ve faced discrimination of any kind, regardless of your race or that of the person who discriminated against you.

What Civil Rights Do Prison Inmates Have?

In many ways, prisoners’ rights are more expansive than those of the non-imprisoned. The government takes responsibility for the health and safety of inmates. As such, inmates have rights to medical care and reasonably safe living conditions that people outside prisons don’t have.

Does Civil Rights Law Protect Protesters?

The Constitution protects the right to peaceably assemble for the purpose of protesting. This means the government cannot arrest protesters simply because it disagrees with their message.

Moreover, the police cannot use force, particularly deadly force, against peaceful protesters without violating the Due Process Clause and the Cruel and Unusual Punishment Clause.

Stand Up for Your Civil Rights

Allowing the government or businesses to erode your civil rights causes untold harm. It also gives these entities the leeway to infringe on other freedoms or attack the civil rights of others.

A civil rights attorney from Commonwealth Law Group can stand up to the government or powerful corporations to preserve your rights. Contact us to discuss how we can help you rectify a civil rights violation.