Civil Rights and Discrimination Legal FAQs

Civil rights and civil liberties are freedoms provided under the US Constitution and federal and state laws. Many civil rights stem from the Bill of Rights, which consists of the first 10 amendments to the Constitution. Some of these rights include freedom of speech, freedom of religion, freedom of assembly, the right to bear arms, protections against unreasonable searches and seizures by law enforcement, and the right to compensation when the government takes private property. Other important rights include the right to vote, the right to privacy, and protections against discrimination based on a protected trait, such as race, gender, national origin, disability, religion, or age.

Employment discrimination occurs when an employee faces an adverse action in the workplace due to their protected trait. Examples of employment discrimination include failing to hire a qualified job applicant because they are Muslim, terminating an employee because they are allegedly too old for the job, withholding desirable assignments from an employee because they are Hispanic, or paying a woman less than a man for doing comparable work. Discrimination also includes harassment in the workplace, such as when a supervisor offers a promotion to an employee in exchange for a date.

Housing discrimination may take overt or latent forms. Examples of housing discrimination include telling a Black renter that no units are available when units are advertised to people of other races, advising a Jewish renter that they may feel more comfortable renting a unit in a Jewish neighborhood, or setting stricter rental application requirements for people who appear to be Mexican. Sometimes a renter with a name that does not indicate their protected trait may find that a landlord suddenly turns hostile toward them when meeting them in person for the first time. This may suggest a discriminatory motive.

Discrimination in education occurs when students with protected traits do not receive equal access to educational opportunities. Examples of discrimination in education include devising harsher grading policies for Asian students, suspending Muslim students for conduct that does not lead to suspensions for other students, or repeatedly directing slurs toward a student with a disability. School administrators, teachers, and students may perpetrate discrimination.

Disparate treatment discrimination happens when a person or group with a protected trait faces an adverse action specifically because of the trait. Disparate impact discrimination happens when a policy or practice that seems to be neutral has a disproportionately negative effect on people with a protected trait. Disparate impact discrimination may seem less serious because the discriminatory effect may not be intentional. However, even if the motive is less distasteful, it is still illegal.

If you get fired for trying to protect your civil rights, such as your right to be free from discrimination, you can sue your employer for retaliation. You would need to show that you were fired for engaging in a protected activity, rather than for any legitimate reason that the employer provides. Even if you do not prove discrimination, you may be able to hold your employer liable for retaliation. Someone who was not a direct victim of discrimination can bring a retaliation claim if they were fired for reporting discrimination, assisting someone else in a discrimination claim, or participating in an investigation of discrimination.

A reasonable accommodation for a disability is a modification that allows a person with a disability to get equal access to employment, housing, educational, or other opportunities. A reasonable accommodation might be a physical alteration in some cases, such as installing a ramp or providing an accessible parking space. In other cases, a reasonable accommodation might involve a change to a policy or practice, such as adjusting the schedule of an employee with cancer to allow them to attend medical appointments, or granting a renter with an emotional support animal an exception to a no-pets policy at an apartment complex.

Remedies for a victim of discrimination often involve monetary compensation, which can consist of economic and non-economic damages. Economic damages cover financial harm, such as lost income. Non-economic damages cover intangible harm, such as emotional distress. In extreme cases, a victim might recover punitive damages that punish the defendant for their behavior. A court also may issue an injunction, which is an order designed to reverse the effect of a civil rights violation or prevent future violations. For example, a court might order a defendant to create or revise anti-discrimination policies and procedures.

Whether you should sue under federal or state law depends on the facts of your case. However, state laws are often more favorable to people bringing discrimination claims. They may cover a broader range of protected traits and may apply to smaller entities. Also, state laws may have higher damages caps, or they may not cap damages at all. In some cases, state laws provide a lower threshold for when conduct is considered discriminatory or shift the burden of proof to the defendant at certain stages of the case.

Section 1983 (42 USC Section 1983) is a federal law that allows a citizen to sue when a state or local official acting under color of law has violated their civil rights. “Acting under color of law” means that the person was serving in an official capacity when they violated the victim’s rights. These claims often arise in the context of police misconduct, such as the excessive use of force during an arrest, but they can involve any abuse of authority. While Section 1983 claims can be brought in either state or federal court, they arise only from violations of federal rights. Section 1983 does not provide any specific rights, so a claim must cite violations of a constitutional provision or a federal law.