Civil Rights Practice Center

Civil Rights - Frequently Asked Questions

Q. What are Civil Rights?

A. Civil rights are freedoms guaranteed by the United States Constitution and the statutes and case law that have evolved from it. Our civil rights include freedom of religion, freedom of the press, freedom from unreasonable search and seizure, freedom to vote, the right to due process, equal protection and many others. These rights have restrictions, but they are fundamental to the legal and social systems of the US.

Q. What qualities are commonly discriminated against?

A. The modern civil rights movements began with people concerned primarily with gender equality and racial equality. These, however, are not the only characteristics that are discriminated against. Color, national origin, disability, age and familial status are protected by federal and state laws. Sexual orientation and other qualities are protected by some state laws.

Q. What is due process?

A. Due process ensures that we are not denied certain legal rights. There are two types of due process. Substantive due process says that the government may not create laws that impede upon constitutional rights. Procedural due process says that the government must provide notice and a hearing when it wishes to take something like a right or property from a person. This applies to criminal trials, but it also provides the right to a hearing when it comes to special education plans in public schools.

Q. What is equal protection?

A. The 14th Amendment of the Constitution requires every state to treat people of one class the same way it treats people of another class. For instance, a state must apply housing laws to members of one race the same way that it applies the laws to any other race. The 14th Amendment does not guarantee equality, but it does guarantee equal treatment. If a state treats certain classes differently, it may have to meet a very high standard to show that the disparate treatment is necessary.

Q. Why are some rights more strongly protected than others?

A. The Supreme Court has interpreted the Constitution as having stronger protections for certain rights than for others. For example, discrimination based on color or race must meet such a stringent standard that it almost always violates the Constitution. With other types of discrimination, however, the government only needs to show that it has a reasonable motivation.

Q. How far does the right to bear arms go?

A. The Second Amendment of the Constitution provides for the right of the people to keep and bear arms. What sort of weapons and in which situations those weapons are allowed has been central to an ongoing debate that has lasted for decades. Each state regulates the right to bear arms within its borders. Some states allow people to carry guns with them, but often guns can still be banned from private property and certain places that are open to the public.

Q. When does the First Amendment protect speech?

A. The First Amendment of the Constitution prohibits Congress from "abridging the freedom of speech." The freedoms provided by the First Amendment are essential to life in the US. This does not mean, however, that every form of speech is protected. Speech that incites people to violence or is obscene is not protected. Note that the First Amendment prohibits the government, not private persons, from abridging free speech.

Q. What protects me from on-the-job discrimination?

A. Many federal and state laws protect workers from job discrimination, but they don't protect every worker in every situation. The most important federal law on employment discrimination is probably Title VII of the Civil Rights Act. Title VII prohibits discrimination based on race, color, national origin, religion or sex. The federal Age Discrimination in Employment Act (ADEA) prohibits employer discrimination against people who are over age 40. The Americans with Disabilities Act (ADA) prevents employment discrimination against qualified people with disabilities. Your state may also have laws that expand the protection for employees. A lawyer can advise you of your rights.

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