Regulatory Law: Civil Rights' Friend Or Foe?

Civil rights laws are intended to protect individuals from discrimination, harassment, or abuse in various settings, including housing, the workplace, schools, voting, business, healthcare, and public spaces. However, there have been instances where regulatory laws have been perceived as taking away civil rights. For example, the Trump administration was criticized for its rollbacks on civil and human rights, including signing the Economic Growth, Regulatory Relief, and Consumer Protection Act, which weakened consumer protections enacted after the 2008 financial crisis. This topic explores the complex interplay between regulatory laws and civil rights, raising questions about the potential conflict between legislative actions and the protection of individuals' rights and freedoms.

Trump's rollbacks on civil rights

Regulatory laws can indeed take away civil rights, and there are several examples of this from the Trump administration.

Trump's administration was known for its aggressive attempts to reverse the nation's civil and human rights progress. One of the most notable examples of this was the signing of an executive order in January 2017, which became known as the "Muslim ban". This order discriminated against Muslims and banned refugees from entering the country.

The Trump administration also targeted the LGBTQ+ community, with the president declaring in 2017 that transgender people would be barred from serving in the military. The Department of Justice also filed a brief with the Supreme Court, arguing that businesses had a right to discriminate against LGBTQ+ customers.

Trump's Labor Department also attempted to roll back an Obama-era rule that protected workers in tipped industries from having their employers take their tips. This rule change was estimated to cost working people billions of dollars in wages.

In terms of education, Trump's administration planned to rewrite rules designed to protect students in online degree programs from being taken advantage of by schools that offer useless degrees and load students with debt. The administration also slashed federal funding for universities and launched investigations into colleges over their diversity, equity, and inclusion practices, endangering student groups for Black and Latino students.

Trump also sought to reverse Lyndon B. Johnson's civil rights legacy, particularly targeting policies on voting rights, desegregation, the environment, immigration, and affirmative action. The Trump administration's reinterpretation of Civil Rights-era laws focused on "anti-white racism" rather than discrimination against people of color.

Deprivation of rights under the color of law

In the United States, every individual has basic rights under the Constitution and civil rights laws. However, regulatory laws can sometimes be used to deprive individuals of their civil rights. This is known as "deprivation of rights under the color of law".

Section 242 of Title 18 of the US Code criminalizes the willful deprivation of an individual's constitutional or legal rights by a person acting under the colour of any law. This includes acts committed by federal, state, or local officials within or beyond their lawful authority, as long as they are performed under the pretense of official duties. Law enforcement officials, judges, and care providers in public health facilities are among those considered to be acting under the colour of law.

The deprivation of rights under the colour of law can take many forms, including discrimination, segregation, and exclusion of individuals based on their race, colour, religion, sex, disability, or national origin. It is important to note that the crime does not need to be motivated by animus towards the victim's protected characteristics.

The consequences of violating Section 242 can include fines, imprisonment, or both. The severity of the punishment depends on the impact of the violation, with higher penalties for violations resulting in bodily injury, the use of dangerous weapons, or death.

In recent years, there have been several instances where regulatory laws have been used to roll back civil rights protections. For example, the Trump administration's Economic Growth, Regulatory Relief, and Consumer Protection Act weakened consumer protections in the financial industry, and changes to immigration policies have negatively impacted the rights of immigrants.

Civil rights violations

Civil rights laws in the United States are designed to protect the rights of every person, including non-citizens. These rights are guaranteed by the US Constitution and civil rights laws. Civil rights violations can occur in various settings, including housing, the workplace, schools, voting, and businesses. Unlawful discrimination, harassment, or abuse are common forms of civil rights violations. For example, people with disabilities are protected by federal disability rights laws but may still face discrimination, segregation, and exclusion.

The Federal Bureau of Investigation (FBI) is the primary federal agency responsible for investigating possible violations of federal civil rights statutes. The FBI works closely with state and local law enforcement agencies, prosecutors, non-governmental organizations, and community and minority groups to prevent and address civil rights violations. The most common complaints involve allegations of "color of law" violations, which include acts carried out by government officials beyond the limits of their lawful authority. These can include sexual assault, false arrest, obstruction of justice, and deprivation of medical care.

If you believe that your civil rights or someone else's have been violated, you can report it to the Civil Rights Division of the Department of Justice. You can submit a report using their online form, and they will review and forward your complaint to the appropriate team or agency. The American Civil Liberties Union (ACLU) also provides resources and information on understanding and exercising your civil rights.

Discrimination based on race, color, national origin, disability status, sex, religion, or familial status

Regulatory laws can indeed take away civil rights. For example, the Trump administration rolled back civil rights laws through the Economic Growth, Regulatory Relief and Consumer Protection Act, which weakened consumer protections. This included the removal of protections for workers in tipped industries, the undermining of protections for students in online degree programs, and the removal of protections for people of color and language minorities in voting rights.

Federal laws in the US prohibit discrimination based on race, color, national origin, disability status, sex, religion, or familial status. This includes discrimination in lending and housing, where people from minority backgrounds may be charged higher interest rates or refused access to certain neighborhoods. Discrimination in public accommodations, such as hotels and restaurants, is also prohibited. The Civil Rights Division enforces laws that prohibit discrimination on the basis of disability and prosecutes crimes motivated by a victim's race, color, or national origin.

The Fair Housing Act prohibits discrimination in housing based on national origin, race, color, sex, religion, disability, or familial status. The Voting Rights Act makes it illegal to limit or deny the right to vote based on race, color, or membership in a language minority group. It also requires that election materials and assistance be provided in languages other than English.

The National Environmental Education Foundation (NEEF) is committed to providing an inclusive and welcoming environment for all and does not discriminate on the basis of the aforementioned protected characteristics in its activities, operations, or programs.

Civil rights laws and their enforcement

Civil rights laws are an essential framework that safeguards individuals' fundamental freedoms and liberties. These laws are designed to prevent discrimination, ensure equal treatment, and protect against infringements on personal autonomy. They cover various aspects of life, including employment, housing, education, healthcare, and voting rights. The enforcement of civil rights laws is crucial to uphold justice and maintain a democratic society.

In the United States, the Federal Bureau of Investigation (FBI) plays a pivotal role in enforcing civil rights laws. The FBI investigates civil rights violations, with a particular focus on hate crimes, "color of law" abuses by public officials, human trafficking, and violations of freedom of access to clinic entrances. "Color of law" refers to acts committed by individuals acting under the pretense or authority of the law, including law enforcement officers, judges, and prosecutors. Section 242 of Title 18 criminalizes the willful deprivation of an individual's constitutional or legal rights by those acting under the color of law.

The Civil Rights Division of the Department of Justice is another key player in enforcing civil rights laws. This division receives and reviews reports of civil rights violations, such as unlawful discrimination, harassment, or abuse in various settings. They provide assistance and guidance to the public on understanding and exercising their civil rights. The division also takes legal action against individuals or organizations that violate civil rights laws, working collaboratively with other agencies to promote a consistent approach to enforcement.

At the state level, the Civil Rights Enforcement Section within the California Department of Justice is dedicated to enforcing federal and state civil rights laws. This section proactively identifies civil rights violations, educates the public about their rights, and litigates to uphold these rights. The Underground Economy Unit within the Attorney General's office specifically protects California workers' rights by prosecuting violations of labor laws, such as wage theft, unpaid overtime, and workers' safety violations.

While civil rights laws provide a robust framework for protecting individuals' freedoms, it is important to recognize that regulatory actions or policy changes can potentially erode these rights. For example, the Trump administration was criticized for rolling back civil rights protections in various areas, including consumer protections, immigration, and labor rights. These rollbacks weakened safeguards against discrimination and reduced access to justice for vulnerable communities.

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