HOW TO KNOW IF YOUR CIVIL RIGHTS HAVE BEEN VIOLATED

By: Gregg Zeff
On: December 10, 2024

Reviewed and updated on Oct 10, 2025.

Book About Civil Rights Violations

Understanding whether your civil rights have been violated is essential to protecting your freedoms and seeking justice. Civil rights violations occur when someone is denied fair treatment based on race, gender, religion, or other protected characteristics. Recognizing the signs of a violation can help you take appropriate legal action to defend your rights.

 

What Is Considered A Civil Rights Violation?

According to the U.S. Department of Justice (DOJ), the definition of a civil rights violation is when a government or a private entity that receives federal funding or is engaged in a regulated activity “deprives an individual of a legal right that is otherwise protected by federal law, state law, or the U.S. Constitution, which includes the right to be free from discrimination.” All citizens in the United States are entitled to their civil rights, which guarantee access to equal social opportunities and equal protection under the law regardless of gender, sex, race, skin color, age, disability, religion, or national origin. These rights include due process, the right to assemble and petition, and the right to be in a protected group without discrimination.

However, violations occur when an individual or organization denies or restricts a citizen’s ability to exercise these guaranteed rights, which include the right to life, liberty, and prosperity. A civil rights violation can occur in a variety of instances, including employment, education, housing, police encounters, prisons, municipal government overreach, licenses, zoning, and more.

 

What Are Common Examples Of Civil Rights Violations?

Several laws work to protect the fundamental human rights of citizens. However, this doesn’t mean that violations of civil rights don’t take place. Below are common examples of civil rights violations that individuals may face:

Type of Violation Example
Excessive force by police Use of unnecessary or lethal force during a routine stop
Employment discrimination Wrongful termination or demotion based on race, religion, or gender
Housing discrimination Denial of housing based on identity or family status
Violation of protest rights Arrest or intimidation for participating in a peaceful protest
Denial of due process Unlawful search, seizure, or conviction without a fair trial
Disability discrimination Lack of accommodation in public spaces or workplaces
Unequal access to public services Services denied or restricted due to personal identity

With that, an individual’s rights could have been violated if they are excluded or dismissed at work for reasons that involve being part of a protected group or if their basic rights guaranteed by the Constitution are restricted.

 

What Is Not Considered A Violation of Civil Rights?

It’s important to distinguish between true civil rights violations and general unfair treatment that may not meet the legal threshold for a violation.

Scenario Why It’s Not a Civil Rights Violation
Being fired for poor performance Not based on a protected class or discrimination
Argument with a co-worker No evidence of discrimination or protected rights being violated
Denied a promotion after multiple warnings Justified by performance, not personal identity
Getting rejected from a private club If not receiving public funds or services, not subject to civil rights laws
Disagreeing with law enforcement Not a violation unless rights are unlawfully restricted

Remember that not all unfair, frustrating, or arbitrary conduct is a civil rights violation; for a legal claim to exist, the action must typically be tied directly to unlawful discrimination based on a protected characteristic or the deprivation of a constitutional right by a government actor.

 

What To Do When Your Civil Rights Are Violated?

When civil rights are violated, taking prompt and informed action is essential. Here’s what to do:

  • Document the Incident: Write down all the details, including the date, time, location, and description of the violation. Collect evidence such as photos, videos, and contact information for witnesses.
  • File a Complaint: Report the violation to the relevant authority. For example:
    • Law enforcement: File a complaint with the police department’s internal affairs division or civilian oversight board.
    • Workplace: Report it to your employer or human resources. File a complaint with the Equal Employment Opportunity Commission (EEOC) for discrimination or harassment issues.
    • Housing or Public Services: Report to the Department of Housing or the relevant local authority.
  • Consult a Civil Rights Lawyer: Seek legal advice to understand your rights. They can help you determine if the violation warrants legal action and guide you through the process.
  • File a Formal Claim: If necessary, file a lawsuit under applicable laws, such as Section 1983 of the Civil Rights Act for violations involving government officials or Title VII for workplace discrimination.
  • Reach Out to Advocacy Groups: Organizations like the ACLU, NAACP, or other local civil rights groups can offer guidance, resources, and potential legal support.
  • Stay Informed: Familiarize yourself with your rights under federal and state laws to better advocate for yourself.

Taking action not only seeks justice for yourself but also helps prevent future violations against others.

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What Laws Protect People From Civil Rights Violations?

Understanding your rights and the laws that work to protect you from civil rights violations is an important step when determining if your civil rights have been violated. The Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion, sex or national origin. Specifically, it prohibits discrimination in the hiring, promoting, and firing of employees, and discrimination in public accommodations and federally funded programs. In addition, there are other laws that work to protect citizens who are part of specific groups. This includes Age Discrimination in Employment Act (ADEA), Americans with Disabilities Act (ADA), the Equal Pay Act, Family and Medical Leave Act (FMLA), and Pregnancy Discrimination Act.

Several federal and state laws protect citizens, including:

  • Civil Rights Act of 1964
  • Age Discrimination in Employment Act (ADEA)
  • Americans with Disabilities Act (ADA)
  • Equal Pay Act
  • Family and Medical Leave Act (FMLA)
  • Pregnancy Discrimination Act

In Pennsylvania and New Jersey, state civil rights commissions provide additional remedies and support.

 

Legal Recourse: How to Fight a Civil Rights Violation

If a citizen’s civil rights are violated, they can take action to ensure they are protected legally. This includes reaching out to a civil rights attorney who will help file a civil claim. Civil rights attorneys handle a variety of cases, including violation of First Amendment rights, government corruption, Due Process Violations (failures to follow appropriate rules and procedures), and Equal Protection Under Law (treated victims differently). Defying an individual’s rights could potentially lead to civil litigation and can even impact criminal investigations. In addition, prosecutors can take things a step further by pressing charges when a civil rights violation occurs.

 

Civil Rights Lawyers Representing New Jersey & Philadelphia

Zeff Law Firm’s civil rights lawyers with offices in Mount Laurel, New Jersey and Philadelphia work to protect your personal freedoms. Our team represents employees, executives, professors and teachers, members of law enforcement, and the victims of discrimination and civil rights violations. In addition, our lawyers not only have extensive knowledge of federal and state civil rights law, they also have immense experience and the tenacity to fight for your rights and defend your freedoms. Contact the Zeff Law Firm to learn more about your rights!

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