What Is Civil Rights Law?

Federal and state laws exist to protect Americans from discrimination. If you have been discriminated against by an employer or a government agency and seek to bring a claim under the applicable law, you are using civil rights laws. These laws have created legal remedies for those suffering from unfair treatment by the government or even private parties in some cases.

The following overview offers examples of significant civil rights federal legislation that the federal government passed in the 20th century in the wake of the Civil Rights Movement and other social advances. You can use this overview to help you evaluate whether you have a case. You can also speak with an experienced civil rights lawyer who can advise you on how to proceed.

Understanding Civil Rights Law: An Introduction

Civil rights laws aim to promote equal treatment and protect people from discrimination. Civil rights laws are created through court cases and federal legislation to protect people from discrimination. Where you will file your case depends on whether the right was created by federal law or state law. Whether you are a member of a federally protected class or a state-protected class impacts your ability to bring a successful case.

If someone interferes with your civil rights, you might have a legal claim and may be able to recover monetary damages.

Key Protections Under Civil Rights Legislation

Civil rights legislation provides key protections against discrimination. Congress, common law court cases, and U.S. Supreme Court decisions create these laws. These laws create groups of people called “protected classes,” including race, color, sex (encompassing sexual orientation, gender identity, and pregnancy status), age, national origin, and religion. The first primary civil rights legislation followed the Thirteenth, Fourteenth, and Fifteenth Amendments to the U.S. Constitution after the U.S. Civil War. These constitutional amendments ended slavery, established due process and equal protection under the law, and expanded the right to vote, respectively.

Since then, numerous civil rights cases and federal laws have been enacted to protect against discrimination and ensure equal protection and opportunity for minorities—from the elimination of poll taxes and literacy tests in voting to desegregation in public schools to employment discrimination protections for members of the LGTBQ+ community.

Historical Milestones in Civil Rights Law

The modern American civil rights movement began against racial segregation and discrimination in the southern United States in the 1950s. It had its roots in century-long efforts to free enslaved Africans and their descendants from racial oppression. Although enslaved people were emancipated after the Civil War and granted civil rights through the Fourteenth Amendment, struggles continued for African Americans to gain their rights. Since then, there have been milestones in civil rights law impacting a wide range of civil rights. These laws include the following:

• Title VII of the Civil Rights Act of 1964 protects employees from discrimination on the basis of race, color, national origin, sex, and religion.
• Voting Rights Act of 1965 prohibited racial discrimination against voters.
• Age Discrimination Act of 1975 prohibits discrimination based on age.
• The Fair Housing Act protects buyers and renters from discrimination based on race, color, national origin, religion, sex, familial status, and disability.
• Family and Medical Leave Act (FMLA) allows employees to take time off for health care needs such as taking care of a new child or sick family member.

These are all federal laws, which means they create a national baseline. States can pass protections against discrimination, offering more protection than federal laws. For example, many states have extended protections to explicitly prohibit discrimination based on sexual orientation, gender identity, or expression.

Enforcement of Civil Rights Protections

If your civil rights have been violated, you may be able to file a claim to recover damages. Where you will file your case depends on whether the right was created by federal law or state law, and it will depend on whether you are a member of a federally protected class or a state-protected class.

State and federal claims may require you first to file your claim with the appropriate agency. For example, if you allege a violation of the Civil Rights Act of 1964, you might need to start with the Equal Employment Opportunity Commission (EEOC). If your state has an agency that enforces a similar equal rights law, you may also want to consider filing your claim there. It would help to evaluate whether filing in one agency will bar you from filing in another.

After the relevant agencies complete their investigations, your case may be referred to your state’s Attorney General or the Department of Justice for court proceedings.

Ongoing Challenges and Issues in Civil Rights

Although there has been significant progress in civil rights, there are ongoing civil rights challenges. These challenges are often closely related to broader political and social issues and require ongoing advocacy to ensure equality for all people. Today, people continue to face disparities in:

• Education
• Economic opportunities
• Environmental justice
• Employment
• Housing
• Criminal justice

The struggle for LGBTQ+ rights persists, and immigrants and indigenous communities continue to fight for their rights. In the digital age, there’s an ongoing struggle between individual privacy and national security. Attention to contemporary civil rights challenges remains an ongoing issue.

The Role of Civil Rights Law in Promoting Equality and Justice

Civil rights laws continue to protect individuals from discrimination and ensure equal treatment under the law. They address issues such as race, gender, disability, and protected characteristics. These laws promote equality and justice in areas such as employment, housing, public accommodations, education, and voting.

Civil rights are essential for advancing equality and combating systematic discrimination and prejudice. It allows individuals to assert their rights and seek remedies when civil rights are violated. If you believe your civil rights have been violated, you can speak with an experienced civil rights attorney.

Finding the Right Attorney for Your Needs

A civil rights attorney will help you protect your rights by evaluating your claim and determining the best place to file the case. Your lawyer will help you understand the pros and cons of filing in state or federal court and whether filing with one agency will prevent you from filing with another. A lawyer will anticipate potential problems with your case and advise you on how to approach them. Your lawyer will also keep track of deadlines and file all the paperwork with the necessary courts and agencies, giving you one less thing to worry about.

To get legal help for your civil rights issue, look for a lawyer who practices civil rights law in your area using the Super Lawyers directory.