Where Civil Rights Come From
The Constitution
Several constitutional amendments are the foundation of civil rights law:
- Thirteenth Amendment (1865): Abolished slavery and involuntary servitude.
- Fourteenth Amendment (1868): Guarantees citizenship to people born or naturalized in the U.S. and requires states to provide due process and equal protection of the laws.
- Fifteenth Amendment (1870): Prohibits denying the right to vote based on race or color.
- Nineteenth Amendment (1920): Prohibits denying the right to vote based on sex.
- Twenty-Fourth and Twenty-Sixth Amendments: Banned poll taxes in federal elections and set the voting age at 18.
Constitutional protections generally limit government action. They do not, on their own, stop private businesses or individuals from discriminating — that is the job of civil rights statutes.
Federal civil rights statutes
| Law | Main protections |
|---|---|
| Civil Rights Act of 1964, Title II | No discrimination based on race, color, religion, or national origin in public accommodations such as hotels and restaurants (42 U.S.C. § 2000a) |
| Civil Rights Act of 1964, Title VI | No discrimination based on race, color, or national origin in programs receiving federal funds (42 U.S.C. § 2000d) |
| Civil Rights Act of 1964, Title VII | No employment discrimination based on race, color, religion, sex, or national origin |
| Voting Rights Act of 1965 | Prohibits voting practices that discriminate based on race, color, or language-minority status |
| Fair Housing Act (1968) | No housing discrimination based on race, color, religion, sex, national origin, familial status, or disability |
| Title IX of the Education Amendments (1972) | No sex discrimination in federally funded education programs |
| Section 504 of the Rehabilitation Act (1973) | No disability discrimination in federally funded programs |
| Age Discrimination in Employment Act (1967) | Protects workers 40 and older |
| Americans with Disabilities Act (1990) | No disability discrimination in employment, government services, and public accommodations |
Section 1983
42 U.S.C. § 1983 allows people to sue state and local officials who violate their constitutional or federal rights while acting "under color of" state law — for example, claims of excessive force or unlawful searches by police. Officials may raise the defense of qualified immunity.
Areas Civil Rights Laws Protect
- Employment: hiring, pay, promotion, harassment, and firing
- Housing: renting, buying, lending, and insurance
- Education: admissions, discipline, athletics, and harassment in schools
- Public accommodations: restaurants, hotels, stores, theaters, and other businesses open to the public
- Voting: registration, access to the polls, and districting
- Government services and policing: equal treatment and freedom from unconstitutional conduct
- Federally funded programs: hospitals, social services, and other programs that receive federal money
Civil Rights History in Brief
The modern civil rights framework grew out of the struggle to end legally enforced segregation. In Brown v. Board of Education (1954), the Supreme Court held that racially segregated public schools violate equal protection. Congress then passed the Civil Rights Act of 1964 and the Voting Rights Act of 1965, and the Supreme Court upheld Title II's ban on discrimination by private businesses under Congress's power to regulate interstate commerce (Heart of Atlanta Motel v. United States, 1964).
How to Enforce Your Civil Rights
| Problem | Where to file |
|---|---|
| Job discrimination | Equal Employment Opportunity Commission (EEOC), usually within 180 or 300 days |
| Housing discrimination | U.S. Department of Housing and Urban Development (HUD), within 1 year |
| School discrimination | U.S. Department of Education Office for Civil Rights, generally within 180 days |
| Police misconduct, voting, disability access, and other violations | U.S. Department of Justice Civil Rights Division |
| State-law violations | Your state civil or human rights agency |
You may also be able to file a private lawsuit, sometimes only after first filing with an agency. Many civil rights laws allow successful plaintiffs to recover attorney's fees, which makes it easier to find a lawyer.
