Why are civil rights laws necessary?
Many civil rights laws in the United States are intended to protect "suspect classes." This historically includes racial minorities (Black, Hispanic, Asian, Native Americans, etc) and religious groups. Women are also sometimes included among protected classes for the purposes of determining discrimination in court.
What are the primary goals of civil rights laws?
Civil rights protections are designed to ensure the availability of civil rights to every US citizen. The object of civil rights is not to favor one group, but to move our laws and social structure toward equality both in principle and in practice. These protections are related to the idea of "color blindness," elimination of "glass ceilings," and other such concepts related to illegal and improper favoritism.
Do civil rights laws demonstrate preference for one group over another?
Laws supporting blanket preferences for one group over another are almost never upheld by the court system. However, new laws aimed at protecting certain groups are created and upheld with some frequency. The Americans with Disabilities Act, for example, enables certain civil rights protections for people with disabilities. This Act is not, however, a law setting those with disabilities "above" those without disabilities. It is a law enabling those with disabilities to be on par with those without. The point is to enable everyone to stand together equally.
Explain how civil rights laws distinguish the difference between protection and privilege.
Without the ADA's "special" protections, those with disabilities could not live equally on par with those who don't have disabilities. By no fault of their own, those with disabilities would be disadvantaged if the ADA did not exist. That is why the ADA does not provide a "privilege," it provides "protections." Though it can sometimes seem like a privilege from a nondisabled person's standpoint, that is merely an issue of perspective. Similar principles underlie all civil rights protections for classes (race, religious group, sex, etc) that historically (before laws were put in place) have been denied opportunities to stand on equal footing in this country - sometimes for decades or even centuries.
I think I was not selected for a job because of my race. What should I do?
In general, you should consult an employment attorney if you think you faced an unfair hiring decision for any reason. Decisions to hire or promote cannot be based on strict racial quotas in any jurisdiction, though certain forms of preferences are legal (Title VII of the Civil Rights Act). Affirmative action, for instance, acts permissibly to grant preference in employment to certain races, e.g., in order to reverse decades of opposing preferences (i.e. - discrimination).
What is the legal distinction between affirmative action and racial quotas?
In the late 1970's, Allan Bakke took legal action after he was denied admission to medical school, arguing that quotas for minorities kept him out. This case came to be called the first 'reverse discrimination' suit. Bakke lost the case, and was later admitted to medical school. The US Supreme Court ruled that strict racial quotas are illegal, but affirmative action is not illegal. More recently (Ricci v. DeStefano), the United States Supreme Court ruled 5-4 in favor of several white firefighters, who argued they had been unfairly denied promotions because of a policy encouraging minority hiring.
How are civil rights laws supported and enforced?
There are also state and federal agencies designed to enforce the civil rights protections in the statutes and in the Constitution of the United States (e.g. - the Equal Protection Clause). These resources, such as the Equal Employment Opportunity Commission (EEOC), are available to everyone, and are meant to protect the rights of every United States citizen.
Always consult an attorney if you believe your rights have been violated in any way. Attorneys (representatives, agents) are a part of the enforcement mechanism contemplated by the U.S. Constitution. Your representative can thus inform you of your rights in your particular situation and jurisdiction.