What Is Considered a Violation of Civil Rights? - Felonies.org (2023)

We know we’re all guaranteed to life, liberty, and the pursuit of happiness, but how far do your civil rights go? And what action can you take when they are violated? Mainly protected through the Constitution and legislation, a civil rights violation can be pursued in civil court. States may also provide further civil rights in their legislation. Some of these rights and freedoms afforded to you include anti-discrimination, freedom of religion, due process, and free speech. Although some of these topics are highly debated and the extent to which they should protect isn’t always agreed upon, the law provides its guidance on when a violation of civil rights has occurred.

What Are Civil Rights?

Generally, civil rights are freedoms and protections supported by the law to all citizens. However, to be a bit more exact, there are civil rights and civil liberties. Civil rights are more on the side of ensuring everyone receives equal treatment, avoiding discrimination based on race, sex, nationality, and more, while civil liberties are those specific rights and freedoms outlined in the Bill of Rights. Overall, civil rights aim to ensure that all receive equal freedoms and that US citizens play an active role in their freedom and pursuit of happiness. US Citizenship and Immigration Services explain the rights one receives upon becoming a citizen of the United States:

  • “Freedom to express yourself.
  • Freedom to worship as you wish.
  • Right to a prompt, fair trial by jury.
  • Right to vote in elections for public officials.
  • Right to apply for federal employment requiring U.S. citizenship.
  • Right to run for elected office.
  • Freedom to pursue ‘life, liberty, and the pursuit of happiness.'”
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Anti-Discrimination Rights

On a federal level, there are many protected categories that provide civil rights against discrimination. These include race, sex, religion, nationality, color, age, gender identity, sexual orientation, disability, and genetic information. Legislation will also detail in what circumstances the individuals that fit in these categories have these protected rights, but it generally will extend to employment, housing, education, transportation, health services, and public facilities. These rights are covered by law, not the Constitution, although some rights may have some overlap with those civil liberties. There have been great strides made from marginalized groups to demand that their civil rights be met, including anti-discrimination legislation for all people in every aspect of life, and some of the laws are:

  • Civil Rights Act of 1964: The most obvious legislation to discuss first is this, as it is the source of protection from discrimination based on race, color, religion, national origin, and gender – although, these categories have since been extended further. This primarily dealt with, at the time, making segregation illegal, so this was the public facilities part of civil rights. Title VII of this act extended that protection with schools, employers, and labor unions. It also created the Equal Employment Opportunity Commission (EEOC) in order to ensure these rights are being protected and to seek justice when they are violated. Additionally, Title I provides equal voting rights by removing procedures that prohibited some from being able to vote. Then, Title IV prohibits segregation in schools, and Title VI ensures that federally assisted programs are receiving funds without discrimination in the distribution process. Later, Title VIII extends equal rights to all protected classes when seeking housing.
  • Americans with Disabilities Act: This act ensures that those with a disability, defined as “a physical or mental impairment thatsubstantially limitsone or more major life activities,” are not discriminated against through employment, the government, communication or by using public or private services. They must receive the same opportunities as everyone else, as well as accommodations in some cases.
  • Equal Pay Act of 1963: Through this act, it is prohibited to pay a lower wage because of the individual’s sex. Males and females in jobs that are substantially similar must receive the same pay. This was eventually further extended to include discrimination based on race, color, religion, sex, national origin, age, or disability.
  • Immigration Reform and Control Act: While this law made is illegal to knowingly employee an individual who isn’t legally allowed to work in the US, it also establishes that employers may not discriminate based on someone’s citizenship status or national origin.

There were a lot of protected classes thrown around there, but there a few general, main categories that can be further broken down to decide exactly who they cover:

  • Race: Discriminating against someone based on their race because of their color and complexion, personal characteristics, or for being married to someone of a different race is illegal. Racial discrimination can occur between individuals of the same race.
  • Sex: This term has obviously had to be extended further, as sex and gender are not so clearly defined. Today, this includes discrimination because of someone’s sex or gender, gender identity or expression, sexual orientation, sex stereotype, or pregnancy and pregnancy-related conditions.
  • Religion: Religious discrimination can be applied to all major religions, but it also covers those who have sincere personal religious or moral beliefs.
  • Disability: Disability is meant to be a broad word, applying to all those who have a severe enough mental or physical condition that prohibits them from performing certain tasks. Employers and many entities providing services must not discriminate against those who have a disability, and they may also have to provide certain accommodations.
  • Age: This protects workers age 40 and above from being discriminated against because of their age. However, those under 40 aren’t protected. In fact, it’s legal for an employer to choose someone older over someone younger.

Then, it can be further broken down into what is considered discrimination in certain scenarios:

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  • Employment: Included in employment is the process beginning from looking at applications to hiring, promotions, termination, and all other aspects of employment. Pay must also be equal for substantially similar positions, withholding discrimination based on any of the previously discussed individuals, along with equal benefits. Additionally, employers must be fair in determining disability or maternity leave, as well as retirement options. Pregnancy should be handled like a temporary illness. As far as religion goes, employers must make reasonable accommodations to respect their religious beliefs.
  • Housing: When it comes to housing, it’s illegal to discriminate during the process of selling a house or renting a property, even against those seeking a mortgage or housing assistance. This means that one may not refuse to rent or sell property, set different terms, charge different prices, make evictions, use different qualification standards, or make any other number of negative actions towards an individual during the housing process based on discriminatory conditions. Housing law also protects individuals from discrimination based on familial status.
  • School: When it comes to education, you’re protected from discrimination at any “state education agencies, elementary and secondary school systems, colleges and universities, vocational schools, proprietary schools, state vocational rehabilitation agencies, libraries, and museums that receive U.S. Department of Education funds.” In an educational scenario, this tends to mean that all students, no matter their race, sex, disability, religion, etc., deserve the same opportunities.
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First Amendment Rights

The First Amendment reads:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

This amendment provides the freedom of speech, religion, assembly, protest, and the press. While many of these other rights are protections the government provides you, this is one where the government basically promises to stay out of it. They can make no laws concerning free speech, a national religion, hindering the freedom of the press, or otherwise not allowing citizens to express themselves freely.

The freedom of speech is a human right that allows all to say whatever they want, unless is can be proven that the statement was untrue or an honest opinion. Additionally, free speech because a little more hazy when it involves disturbing the peace or inciting violence. A famous example of when freedom of speech isn’t covered is when someone shouts “Fire!” in a room where there is no fire, causing a panic.

This freedom of speech also covers a free press, although media isn’t given any special rights that aren’t covered under freedom of speech anyways.

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Freedom of religion in the US seeks to keep church and state separate. It also means that the government cannot intervene with anyone’s right to practice their religion or pass legislation favoring a religion.

Finally, for peaceful and lawful purposes, the people are allowed to assemble and protest. This can be a way for citizens to express their displeasure with the government’s actions and request that something be done to remedy it.

Right to Due Process

Just as you are promised the right to “life, liberty, and the pursuit of happiness,” your Fifth Amendment rights guarantee you that those rights won’t be revoked without due process, which has a couple of components. First, it means you have the right to a fair and speedy trial by an unbiased jury of your peers. It also includes that you cannot be tried for the same crime twice or be a witness against yourself. This right to due process is guaranteed to anyone being tried in the US, not just its citizens.

Right to an Attorney

If criminal charges are pressed against you, you have the right to have an attorney represent you. If you cannot afford an attorney, a public defender will be appointed to you. Also important, you have the right to an effective lawyer. That means that, if for any reason, you believe you were misrepresented and received charges based on the failures of your defendant, you may be able to file a complaint and receive a retrial.

Right Against Unreasonable Search and Seizure

Also in the Fifth Amendment is the promise that your property will not be seized without due process. That means that law enforcement must first have a warrant in order to search your belongings and take anything for evidence. To obtain a warrant, they must first present probable cause that, by searching your property, they will find evidence of a crime. However, there are cases where a warrant isn’t required. This includes when: law enforcement has probable cause to believe a crime is about to occur; in the time to get a warrant, the evidence would be disposed of or hidden; the public or individual is in danger; or the officer sees evidence in plain sight. If your search and seizure rights are violated, it is possible that all evidence obtained through the illegal search will be ruled inadmissible in court.

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Right to Vote

Representation is an essential part of democracy, and one can only be recognized through voting, making this an important right held by citizens. The Fifteenth Amendment famously gave all races the right to vote in 1870, and women received the right to vote from the Nineteenth Amendment in 1920. However, there are cases where one can lose their right to vote, a felony charge being one of them. Laws will vary widely from state to state, but some will be barred from voting based on what type of felony they committed, how long it’s been since finishing their sentence, and whether they were a repeat offender. Some states will provide a route to restoring voting rights, usually through expungement if possible. Register to vote and exercise your right if you can!

What Is Considered a Violation of Civil Rights? - Felonies.org (3)

Pressing Civil Charges for a Civil Rights Violation

If your civil rights have been violated, your first step is going to be to check if it’s necessary for you to file a claim to a certain government agency. Consider where the violation took place, and then look towards that agency first. For example, if you were denied housing based on your race, you would need to contact the Department of Housing and Urban Development. Employment violations would go to the EEOC. Civil violations claims should go according to the following:

  • Education violation: the Department of Education, Office for Civil Rights
  • Healthcare violation: the Department of Health and Human Services, Office for Civil Rights
  • Housing violation: the Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity
  • Employment: the US Equal Employment Opportunity Commission

If none of these seem to fit your case, the Office of Civil Rights is the next option to look into. Keep in mind that you generally have to file a claim within 180 days. These departments will then review the claim, pursue an investigation, and possibly pursue punishment for the offender. You still have the option of filing a civil charge yourself, but in some cases, a claim must first be submitted. The EEOC is one of these entities that would require that. If you’re unsure if you must first file a claim, talk to a civil rights lawyer, who can then advise you on if you have a case to press civil charges.

If you decide to press forward with civil charges, you will have to prove by a preponderance of the evidence that your civil rights were violated by the defendant. You must also display the effects of the violation and why you require the restitution you’re requesting. If found guilty, the defendant may have to provide some kind of relief for their damage. If monetary damages can be easily calculated, the judge may assign a fine that must be paid to you. In cases where the harm is more of an emotional harm than an economic one, the penalty could include reinstating your rights in some way, such as a position lost, reversing an eviction, or making accommodations.

When Your Rights Have Been Violated

Unfortunately, discrimination does occur, and it can make it difficult for individuals and groups that tend to be marginalized to have equal opportunities with others. As such, the government and the Constitution work together to ensure that all are treated equal. It may also be beneficial to look into your state’s laws, as they may vary, hopefully providing even more protection than your federal rights. These laws are expanding farther to include more each day, and they cover a large base of situations where discrimination occurs. However, they are not perfect, and they do not solve everything. Civil rights violations will still occur, and it’s your right to pursue charges when it happens, whether it’s against an individual, corporation, or even the government itself.

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FAQs

What are 5 civil rights? ›

Examples of civil rights include the right to vote, the right to a fair trial, the right to government services, the right to a public education, and the right to use public facilities.

What are my civil liberties? ›

Though the scope of the term differs between countries, civil liberties may include the freedom of conscience, freedom of press, freedom of religion, freedom of expression, freedom of assembly, the right to security and liberty, freedom of speech, the right to privacy, the right to equal treatment under the law and due ...

How do you violate someone's civil rights? ›

Some examples of civil rights violations include:
  1. Unreasonable searches and seizures.
  2. Cruel and unusual punishment.
  3. Losing a job or being passed over for a promotion due to discrimination.
  4. Abuse by a public official.
  5. Any discrimination based on a superficial quality or belief.
9 Oct 2019

What are the most common civil rights violations? ›

The most common complaint involves allegations of color of law violations. Another common complaint involves racial violence, such as physical assaults, homicides, verbal or written threats, or desecration of property.

What are the 7 kinds of civil rights? ›

Civil Liberties
  • Freedom of speech.
  • Freedom of the press.
  • Freedom of religion.
  • Freedom to vote.
  • Freedom against unwarranted searches of your home or property.
  • Freedom to have a fair court trial.
  • Freedom to remain silent in a police interrogation.

What rights are not protected by the Constitution? ›

The Supreme Court has found that unenumerated rights include such important rights as the right to travel, the right to vote, and the right to keep personal matters private.

What can you do if your human rights are violated by the government? ›

If you believe that a protected right was violated, you likely have a number of options available to you including: resolving the matter through informal negotiations, filing a claim with the government, and filing a private lawsuit in civil court.

Can you sue someone for violating your constitutional rights? ›

United States law allows an individual who believes that his or her constitutional rights have been violated to bring a civil action against the government to recover the damages sustained as a result of that violation.

What are some examples of violations? ›

What Are Some Violations Under Local, State & Federal Laws?
  • Copyright infringement.
  • Child pornography.
  • Distribution of pornography to minors.
  • Obscenity.
  • Scams and pyramid schemes.
  • Federal computer security violations.
  • Bomb threats and hoaxes.
  • Employee Workplace Environment.

Can you sue for breach of human rights? ›

Taking legal action

You can take court action against a public authority if they've breached your human rights. You can also rely on your human rights in cases brought against you.

What is a civil liberties violation? ›

The following are all examples of civil rights violations: Sex and gender discrimination in education. Housing discrimination based on race or national origin. Workplace sexual harassment. Denial of notice or an opportunity to be heard before having property taken away.

What happens when constitutional rights are violated? ›

When your constitutional rights are breached during the criminal justice process, and the breach contributes to a guilty conviction, you can pursue an appeal based on an error in the criminal procedure or jury misconduct, or file a motion for a new trial.

What is it called when a person's freedom is intentionally violated? ›

False imprisonment occurs when a person (who doesn't have legal authority or justification) intentionally restrains another person's ability to move freely. This can also be called unlawful imprisonment in the first degree and is detailed in the penal code for your state.

What is a sentence for civil rights? ›

How to use Civil-rights in a sentence. Under Dutch rule they enjoyed full civil rights. In 1868 civil rights were declared to be independent of religious confession. Martin Luther King was one of the most inspirational speakers in the civil rights movement.

Who limits civil liberties? ›

The Fourteenth Amendment placed an important federal limitation on the states by forbidding them to deny to any person “life, liberty, or property, without due process of law” and guaranteeing every person within a state's jurisdiction “the equal protection of its laws.” Later interpretations by the Supreme Court in ...

What does the 10th Bill of Rights mean? ›

The Tenth Amendment says that the Federal Government only has those powers delegated in the Constitution. If it isn't listed, it belongs to the states or to the people.

What is the 9th amendment for dummies? ›

The Ninth Amendment of the United States Constitution states that the federal government doesn't own the rights that are not listed in the Constitution, instead, they belong to the people. The 9th Amendment states that the rights not specified in the Constitution belong to the people, not the federal government.

What is protected under the 14th Amendment? ›

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Which human rights are most violated? ›

Johannesburg – The South African Human Rights Commission (SAHRC) received more than 4 000 complaints between 2015 and 2016, with the right to equality being the violation complained of the most, according to its annual trends analysis report (ATAR).

Which department would you approach if your human rights has been violated? ›

The required answer is- The human rights commission. Explanation: If human rights have been violated, the human rights commission is the organization or department to contact.

What are three main causes of human rights violations? ›

The following four sections will cover, broadly speaking, the most studied causes of human rights violations identified by researchers and practitioners: (1) Government Behavior and Structure; (2) Armed Conflict; (3) Economic Factors; and (4) Psychological Factors.

What are the 7 kinds of civil rights? ›

Civil Liberties
  • Freedom of speech.
  • Freedom of the press.
  • Freedom of religion.
  • Freedom to vote.
  • Freedom against unwarranted searches of your home or property.
  • Freedom to have a fair court trial.
  • Freedom to remain silent in a police interrogation.

How many civil rights are there? ›

Though its eleven titles collectively address discrimination based on race, color, religion, national origin, and sex, the Civil Rights Act of 1964 was principally enacted to respond to racial discrimination and segregation.

Who are the Big 3 in the civil rights movement? ›

The civil rights movement was a struggle for justice and equality for African Americans that took place mainly in the 1950s and 1960s. It was led by people like Martin Luther King Jr., Malcolm X, the Little Rock Nine and many others.

What are the 10 political rights? ›

Political rights include natural justice (procedural fairness) in law, such as the rights of the accused, including the right to a fair trial; due process; the right to seek redress or a legal remedy; and rights of participation in civil society and politics such as freedom of association, the right to assemble, the ...

Can individuals violate civil rights? ›

This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.

What is a sentence for civil rights? ›

How to use Civil-rights in a sentence. Under Dutch rule they enjoyed full civil rights. In 1868 civil rights were declared to be independent of religious confession. Martin Luther King was one of the most inspirational speakers in the civil rights movement.

Who limits civil liberties? ›

The Fourteenth Amendment placed an important federal limitation on the states by forbidding them to deny to any person “life, liberty, or property, without due process of law” and guaranteeing every person within a state's jurisdiction “the equal protection of its laws.” Later interpretations by the Supreme Court in ...

What rights are not protected by the Constitution? ›

The Supreme Court has found that unenumerated rights include such important rights as the right to travel, the right to vote, and the right to keep personal matters private.

What can you do if your human rights are violated by the government? ›

If you believe that a protected right was violated, you likely have a number of options available to you including: resolving the matter through informal negotiations, filing a claim with the government, and filing a private lawsuit in civil court.

What is another word for civil rights? ›

In this page you can discover 12 synonyms, antonyms, idiomatic expressions, and related words for civil-rights, like: rights, rights of citizenship, unalienable rights, freedom, constitutional rights, natural rights, civil-liberties, equality, human-rights, choice and minority rights.

What is the difference between civil liberties and civil rights? ›

Civil rights are not in the Bill of Rights; they deal with legal protections. For example, the right to vote is a civil right. A civil liberty, on the other hand, refers to personal freedoms protected by the Bill of Rights. For example, the First Amendment's right to free speech is a civil liberty.

What is the Big Six? ›

The Big6 is a six-stage model to help anyone solve problems or make decisions by using information. Some call it information literacy, inquiry, research skills, or an information problem-solving process…but we call it the Big6!

Who is the most famous civil rights activist? ›

Widely recognized as the most prominent figure of the civil rights movement, Martin Luther King Jr. was instrumental in executing nonviolent protests, such as the Montgomery Bus Boycott and the 1963 March on Washington, where he delivered his iconic "I Have a Dream" speech.

When can citizens be deprived of their rights? ›

Currently, there are only two situations in which an individual can be deprived of his or her citizenship: (i) if a person has gained citizenship through fraud or false representation; or (ii) when “the Secretary of State is satisfied that deprivation is conducive to the public good”.

What is the difference between political rights and civil rights? ›

Civil liberties are essentially 'negative' political rights that stand as shields against state actions and infringements, whereas human rights may include (depending upon the theorist or political posture) these claims as well as broader claims to such things as social and economic rights, cultural rights, and ...

Which one of the following is not a political right? ›

Property contributes to the development of culture and human advancement. The right to property is an economic right and not a political right. Thus, it is the correct option.

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