Civil Rights

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Overview

What are civil rights?

Civil rights provide basic freedoms to individuals and seek to achieve the equal enjoyment of rights and privileges. Civil rights manifest in various forms. One civil right is the entitlement to equal treatment, or equal protection of law, regardless of an individual's membership in a protected category. This civil right covers protection from discrimination on the basis of race, sex, national origin, age, and disability, among other things. Civil rights also include various personal freedoms, such as the right to privacy, to free speech, to vote, to partake in political action, and to peacefully protest. Additionally, civil rights encompass the right to receive due process and, for those suspected of a crime, to receive a fair investigation and trial.

Civil rights overlap with civil liberties. Civil liberties can, however, be distinguished from civil rights in that civil liberties largely encompass those rights which protect against the infringement by government upon personal freedoms, such as the right to religious freedom and the freedom of speech.

What laws protect civil rights?

In the United States, the federal Constitution is the preeminent source of civil rights. States may grant civil rights in their own Constitutions or through legislation; however, they can only be more expansive, and may not in any way reduce federal civil rights protection.

The Bill of Rights, the first ten amendments ratified to the Constitution in 1791, contains the earliest civil rights protections. Examples include the freedom of speech (U.S. Const. Am. 1), freedom from unwarranted searches and seizures (U.S. Const. Am. 4), the right to due process (U.S. Const. Am. 5), and the right to be free from cruel and unusual punishment (U.S. Const. Am. 8).

The Constitution did not address discrimination until the passage of the 13^th, 14^th, and 15^th Amendments, following the Civil War during the Reconstruction. The oldest civil rights protections, the Bill of Rights, were not only limited in scope (offering no protection against discrimination), but were also limited in application. The Bill of Rights was only applied to a segment of the population, and did not guarantee the equal enjoyment of civil rights by minorities, women, and, sometimes, non-property-owning individuals. Even after the passage of the 13^th-15^th Amendments, the Supreme Court's restrictive interpretation of related federal legislation severely undermined achievement of equal protection and due process.

Although women received the right to vote in 1920 (U.S. Const. Am. 19), they, along with other minorities, did not enjoy their full entitlement to civil rights until decades later, after Congress passed additional federal civil rights legislation. During the Civil Rights Movement of the 1950's-60's, Congress enacted some of the most important civil rights laws, such as the Civil Rights Act of 1964 and the Voting Rights Act of 1965. Unlike the federal legislation passed during Reconstruction to implement the 13^th-15^th Amendments, the Supreme Court repeatedly upheld the new civil rights legislation. Supreme Court cases, such as Brown v. Board of Education, 347 U.S. 483 (1954) (overruling the "separate-but-equal" doctrine upheld in Plessy v. Ferguson, 163 U.S. 537 (1896), as well as federal enforcement of new civil rights laws, were instrumental in achieving greater enjoyment of civil rights.

Beginning in the 1970's, federal and state governments, as well as private entities, established affirmative action programs to eradicate the effects of discrimination. The Supreme Court, however, beginning with the Regents of the University of California v. Bakke, 438 U.S. 265 (1978) (holding unlawful white applicant's exclusion from medical school on grounds applicant was disfavored on basis of race), has struck down many of these programs as unconstitutional discrimination.

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Featured Cases

Goodwin v. Retrieve, Inc.
1:2011cv11434
Filed in Massachusetts District Court
Type of Suit: Employment
Plaintiff: Stephen C Goodwin. Defendant: Retrieve, Inc.
Judge: Denise J. Casper
Cause Of Action: Diversity-Breach of Contract
(September 8, 2011)
Nwakanma et al v. Clark et al
4:2011cv00188
Filed in Georgia Northern District Court
Type of Suit: Other
Plaintiff: Miracle Nwakanma, Cornelius Spencer, Gregory Haine and Eric Town. Defendant: Timothy Clark, Sherman Davi, Kenny Gilreath, Jack Hamilton, John Lyon and other.
Judge: Harold L. Murphy
(August 2, 2011)
Domond v. New York State Department Of Corrections
1:2011cv02960
Filed in New York Eastern District Court
Type of Suit: Other Civil Rights
Plaintiff: Marie Domond. Defendant: New York State Department Of Correction.
Judge: Sandra L. Townes
Cause Of Action: Civil Rights Act
(June 19, 2011)
Perry et al v. Schwarzenegger et al
3:2009cv02292
Filed in California Northern District Court
Type of Suit: Other Civil Rights
Plaintiff: Kristin M. Perry, Kristin M. Perry, Kristin M. Perry, Kristin M. Perry, Kristin M. Perry and others... Defendant: Arnold Schwarzenegger, Edmund G. Brown, Jr., Mark B. Horton, Linette Scott, Patrick O'Connell and others...
Judge: Vaughn R. Walker
Cause Of Action: Civil Rights Act
(January 6, 2011)
Koubriti v. Convertino et al
2:2007cv13678
Filed in Michigan Eastern District Court
Type of Suit: Other Civil Rights
Plaintiff: Karim Koubriti; Defendant: Richard Convertino, Michael Thomas, Harry Raymond Smith
Judge: Avern Cohn
Cause Of Action: No cause code entered
(December 2, 2008)

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Dockets

Plaintiff v. Defendant
3:2012cv01110
Filed in Puerto Rico District Court
Type of Suit: Employment
Plaintiff v. Defendant
Cause Of Action: Job Discrimination (Age)
(February 16, 2012)
Plaintiff v. Defendant
3:2012cv50062
Filed in Illinois Northern District Court
Type of Suit: Employment
Plaintiff v. Defendant
Judge: Honorable Frederick J. Kapala
Cause Of Action: Job Discrimination (Race)
(February 16, 2012)
Campbell v. The City of Chicago
1:2012cv01165
Filed in Illinois Northern District Court
Type of Suit: Other Civil Rights

Judge: Honorable Elaine E. Bucklo
Cause Of Action: Civil Rights
(February 16, 2012)
Green v. AFT/IFT Local 604
1:2012cv01162
Filed in Illinois Northern District Court
Type of Suit: Other Civil Rights

Judge: Honorable Charles R. Norgle Sr.
Cause Of Action: Federal Question
(February 16, 2012)
Plaintiff v. Defendant
0:2012cv60287
Filed in Florida Southern District Court
Type of Suit: Americans with Disabilities - Other
Plaintiff v. Defendant
Judge: William J. Zloch
Cause Of Action: Americans with Disabilities Act
(February 15, 2012)

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Legislation

Bill Enacted: H.R.2112 Department of Justice Appropriations Act, 2012
An act making consolidated appropriations for the Departments of Agriculture, Commerce, Justice, Transportation, and Housing and Urban Development, and related programs for the fiscal year ending September 30, 2012, and for other purposes.
November 17, 2011: Became Public Law No: 112-55.
(November 16, 2011)
Bill Introduced: S.1572 Science Appropriations Act, 2012
An original bill making appropriations for Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2012, and for other purposes.
(September 13, 2011)
Bill Introduced: H.R.2596 Science Appropriations Act, 2012
Making appropriations for Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2012, and for other purposes.
(July 18, 2011)
Bill Introduced: S.3636 Science Appropriations Act, 2011
An original bill making appropriations for the Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2011, and for other purposes.
(July 20, 2010)
Bill Enacted: H.R.2847 HIRE Act
Making appropriations for the Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2010, and for other purposes.
March 17, 2010: Became Public Law No: 111-147.
(March 16, 2010)

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Regulations

Proposed Rule - Recordkeeping and Reporting Requirements under Title VII, the ADA, and GINA
Equal Employment Opportunity Commission
Proposed Rule
Recordkeeping and Reporting Requirements under Title VII, the ADA, and GINA
,
31892-31895 [2011-13629]
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 29 CFR Part 1602 RIN 3046-AA89 Recordkeeping and Reporting Requirements Under Title VII, the ADA, and GINA AGENCY: Equal Employment Opportunity Commission. ACTION: Notice of proposed rulemaking. SUMMARY: The Equal Employment Opportunity Commission (``EEOC'' or ``Commission'') proposes to extend its existing recordkeeping requirements under title VII of the Civil Rights Act of 1964 (Title VII) and the Americans with Disabilities Act (ADA) to entities... [read document]
View Document | Download PDF
(June 1, 2011)
Rule - Equal Employment Provisions of the Americans with Disabilities Act, as amended
Equal Employment Opportunity Commission
Rule
Equal Employment Provisions of the Americans with Disabilities Act, as amended
,
16978-17017 [2011-6056]
Vol. 76 Friday, No. 58 March 25, 2011 Part III Equal Employment Opportunity Commission 29 CFR Part 1630 Regulations To Implement the Equal Employment Provisions of the Americans With Disabilities Act, as Amended; Final Rule EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 29 CFR Part 1630 RIN 3046-AA85 Regulations To Implement the Equal Employment Provisions of the Americans With Disabilities Act, as Amended AGENCY: Equal Employment Opportunity Commission (EEOC). ACTION: Final Rule. SUMMARY: The Equal... [read document]
View Document | Download PDF
(March 24, 2011)
Rule - Regulations under the Genetic Information Nondiscrimination Act of 2008
Equal Employment Opportunity Commission
Rule
Regulations under the Genetic Information Nondiscrimination Act of 2008
,
68912-68939 [2010-28011]
Part III Equal Employment Opportunity Commission 29 CFR Part 1635 Regulations Under the Genetic Information Nondiscrimination Act of 2008; Final Rule EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 29 CFR Part 1635 RIN [3046--AA84] Regulations Under the Genetic Information Nondiscrimination Act of 2008 AGENCY: Equal Employment Opportunity Commission. ACTION: Final rule. SUMMARY: The Equal Employment Opportunity Commission (``EEOC'' or ``Commission'') is issuing a final rule to implement Title II of the... [read document]
View Document | Download PDF
(November 8, 2010)
Proposed Rule - Definition of Reasonable Factors Other than Age Under the Age Discrimination in ...
Equal Employment Opportunity Commission
Proposed Rule
Definition of Reasonable Factors Other than Age Under the Age Discrimination in Employment Act
,
7212-7218 [2010-3126]
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 29 CFR Part 1625 RIN 3046-AA87 Definition of ``Reasonable Factors Other Than Age'' Under the Age Discrimination in Employment Act AGENCY: Equal Employment Opportunity Commission ACTION: Notice of proposed rulemaking. SUMMARY: The Equal Employment Opportunity Commission (``EEOC'' or ``Commission'') is issuing this notice of proposed rulemaking (``NPRM'') to address the meaning of ``reasonable factors other than age'' (RFOA) under the Age Discrimination in... [read document]
View Document | Download PDF
(February 17, 2010)
Proposed Rule - Federal Sector Equal Employment Opportunity
Equal Employment Opportunity Commission
Proposed Rule
Federal Sector Equal Employment Opportunity
,
67839-67844 [E9-30162]
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 29 CFR Part 1614 RIN Number 3046-AA73 Federal Sector Equal Employment Opportunity AGENCY: Equal Employment Opportunity Commission (EEOC). ACTION: Notice of proposed rulemaking. SUMMARY: The Equal Employment Opportunity Commission is proposing revisions to its federal sector complaint processing regulations. These proposals implement recommendations of the Commissioners' Federal Sector Workgroup. DATES: Comments on the notice of proposed rulemaking must be... [read document]
View Document | Download PDF
(December 20, 2009)

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Articles

Defining Independent Contractor Protection Under the Rehabilitation Act
Hamline Law Review, Vol. 34, p. 435, 2011 Lindsay N Mongenas and Richard A. Bales affiliation not provided to SSRN and Northern Kentucky University - Salmon P. Chase College of Law Date Posted: February 17, 2012 Accepted Paper Series 2 downloads The Strange History of Charter-Like Claims Against Legislated Government Services Under the Human Rights Codes in Canada Journal of Law and Equality, Forthcoming Claire Mumme Osgoode Hall Law School Date Posted: February 15, 2012 Last Revised: February 17, 2012
(February 16, 2012)
Return within the Bounds of the Pinheiro Principles: The Colombian Land Restitution Experience
Washington University Global Studies Law Review, Vol. 11, 2012 David L. Attanasio and Nelson Camilo Sanchez Leon affiliation not provided to SSRN and affiliation not provided to SSRN Date Posted: February 17, 2012 Accepted Paper Series 4 downloads The Trial of Peter Von Hagenbach: Reconciling History, Historiography and International Criminal Law Gregory Gordon University of North Dakota - School of Law Date Posted: February 17, 2012 Working Paper Series 1 downloads The Global Food System, Environmental Protection, and Human Rights Natural Resources & Environment, Vol 26, No. 3, Winter 2012 Carmen G. Gonzalez Seattle University School of Law Date Posted: February 16, 2012 Accepted Paper Series 2 downloads The Strange History of Charter-Like Claims Against Legislated Government Services Under the Human Rights Codes in Canada Journal of Law and Equality, Forthcoming Claire Mumme Osgoode Hall Law School Date Posted: February 15, 2012 Last Revised: February 17, 2012
(February 16, 2012)
The Legal Construction of Poverty: Gender, 'Work' and the 'Social Contract'
Stellenbosch Law Review, Vol. 22, No. 3, pp. 463, 2011, Northeastern University School of Law Research Paper No. 78-2012 Lucy A. Williams Northeastern University - School of Law Date Posted: February 08, 2012 Last Revised: February 16, 2012
(February 15, 2012)
The Empirical Turn in International Legal Scholarship
American Journal of International Law, Vol. 106, p. 1, January 2012, Minnesota Legal Studies Research Paper No. 12-09 Gregory Shaffer and Tom Ginsburg University of Minnesota - Twin Cities - School of Law and University of Chicago Law School Date Posted: February 14, 2012 Accepted Paper Series 72 downloads The Private Sector's Pivotal Role in Combating Human Trafficking California Law Review Circuit, Vol. 3, pp. 190-208, 2012 Jonathan Todres Georgia State University College of Law Date Posted: February 13, 2012 Accepted Paper Series 13 downloads Online, Distance Legal Education as an Agent of Social Change Pacific McGeorge Global Business & Development Law Journal, Vol. 24, pp. 95, 2011, NYLS Clinical Research Institute Paper No. 02/12 Michael L. Perlin New York Law School Date Posted: February 11, 2012 Accepted Paper Series 4 downloads Promoting Social Change in Asia and the Pacific: The Need for a Disability Rights Tribunal to Give Life to the UN Convention on the Rights of Persons with Disabilities George Washington International Law Review, Forthcoming, NYLS Clinical Research Institute Paper No. 02/12 Michael L. Perlin New York Law School Date Posted: February 11, 2012 Working Paper Series 4 downloads Exploring a More Holistic Approach to the Realization of Socio-Economic Rights in Third World States Opeoluwa Badaru Critical Research Laboratory in Law and Society, Osgoode Hall Law School, York University Date Posted: February 10, 2012 Working Paper Series Land Acquisition & Human Right Approach: A Case Study Yuvraj Dilip Patil Symbiosis International University , Symbiosis Law School, Pune Date Posted: February 09, 2012 Working Paper Series 14 downloads Public Policies from a Human Rights Perspective: A Developing Field Sur International Journal on Human Rights, Vol. 8, No. 14, p. 33, June 2011 Daniel VÃ¡zquez and Domitille Delaplace affiliation not provided to SSRN and affiliation not provided to SSRN Date Posted: February 07, 2012 Accepted Paper Series Representation of Minorities: Rights of Access Media and Human Rights, London, Clemens Nathan Research Centre, pp. 106-126, 2009, Amsterdam Law School Research Paper No. 2012-18, Institute for Information Law Research Paper No. 2012-14 T. McGonagle University of Amsterdam - Faculty of Law Date Posted: February 07, 2012 Last Revised: February 16, 2012
(February 15, 2012)
The Positive Impact of the Convention on the Rights of Persons with Disabilities: A Case Study ...
Northern Kentucky Law Review, Vol. 37, No. 4, 2010 Paul David Harpur and Richard A. Bales The University of Queensland - T.C. Beirne School of Law and Northern Kentucky University - Salmon P. Chase College of Law Date Posted: February 06, 2012 Last Revised: February 15, 2012
(February 14, 2012)

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