Civil Rights FAQs
Q: What exactly is a ‘civil right’?
A: Broadly speaking, a civil right is a right created by a governmental body. For example, the right to free speech is guaranteed by the First Amendment of the United States Constitution. It is also protected as a right in many states’ Constitutions. Because this right is created by the State and Federal constitution and its statutes, it is a "civil right."
The rights that are most commonly referred to as "civil rights" involve the protections against discrimination on the basis of race, religion, gender, national origin, disability, age or sexual preference.
The most prominent example of a statute protecting civil rights is the Federal Civil Rights Act of 1964 which, among other things, prohibits discrimination on the basis of race in workplaces. There are also many laws that make it illegal to discriminate in public accommodations.
Q: When is a governmental employee acting ‘under color of law’?
A: Officials act under "color of law" when they are either actually carrying out their official duties or they act in a manner which makes it seem as if they are. For instance, a police officer arresting someone while on duty is clearly acting "under color of law." In addition, an off-duty police officer showing his or her badge is most likely acting under color of law. Some actions taken by private institutions that are doing work for the government (such as a university performing a government contract) may also be considered to be "under color of law."
Q: What about age discrimination?
A: In employment, age discrimination is frequently illegal.
The Federal Age Discrimination in Employment Act ("ADEA") prohibits arbitrary discrimination against persons age 40 and over on the basis of their age.
Q: Can private clubs and religious organizations discriminate?
A: That depends. When dealing with private individuals, the Federal civil rights statutes only reach as far as public accommodations. Thus, while it is unlawful to discriminate on the basis of race or national origin in hotels, restaurants, theaters, public transportation, and public parks, the Federal civil rights laws do not make it unlawful for bona fide private clubs and religious organizations to discriminate on whatever basis they choose.
Q: Are the civil rights laws only for minorities? Do whites have protection?
A: The civil rights laws are intended to be available to protect everyone, including those who are Black, Asian, Hispanic, and Caucasian. Courts have allowed white people to sue for race discrimination.
Q: Are there housing protections?
A: Yes. The Federal Fair Housing Act prevents discrimination on the basis of race and familiar statutes in the sale or renting of housing. This law applies to anyone who is selling or renting real estate or housing. It is also unlawful to "steer" residents of a certain race to a neighborhood in which people of the same race live.