Law and society
This is a policy question and as such, it poses abstract challenges. If a person is in a protected class then any government regulation that impacts that person in such a way so as to deprive the person of benefits or subject the person to adversity will be subject to a heightened level of scrutiny by the courts upon challenge and subsequent judicial review (see the last Announcement: RA Seven General Feedback). A protected class includes race. A race-based classification is subject to strict scrutiny review by the courts. There are also statutes that protect certain categories of persons, such as the Age Discrimination in Employment Act (ADEA), which prohibits discrimination against persons 40 and over. Unlike equal protection, these federal and state statutes can apply to both public and private entities. The question asks if there are any other persons who should receive heightened treatment. For example, assume Roger is homeless and he applies for a job at Macy’s department store. The agency refuses to hire him because without a permanent residence, Macy’s believes he consequently lacks the stability to serve as a competent salesperson. Should homeless persons be in a protected class? Should Roger have a claim against Macy’s based on his homeless status? A further example: Linda is developmentally disabled and she wants to be a state trooper. The state police refuse her application. Developmentally disabled persons are not in a protected class. The state will argue that Linda would need certain behavioral and cognitive faculties that she does not possess in order to serve as a law enforcement officer, especially in emergency situations. Discrimination against someone who is not in a protected class need only satisfy the rational basis standard, i.e. the state need only show a reasonably prudent justification for the regulation. Should Linda be in a protected class? Note that if she is, she does not automatically win. Her elevated status would only mean that if she challenges the rule prohibiting her from serving on the state police, then the court would subject the regulation to a strict scrutiny standard, which is hard for the state to win. Note that developmentally disabled persons are not currently a protected class. Should they be? Note that, as per the reading, gender is an intermediate classification between race/strict scrutiny and other classifications/rational cases. A gender-based classification needs to satisfy an important governmental interest. It is not as strict as strict scrutiny so the government has an easier time of regulating behavior based on gender, but the standard is stricter than rational basis. For example, men, but not women, are required to register for the Selective Service, which the Supreme Court has held is a permissible form of discrimination. In answering this question, address which group, if any, should receive greater protection than the group is receiving now and WHY. 1- go to assignment week 8 2- go to discussion board DB 8 post and reply last classmates 3- Please use Facts/Issue(s) Ruling instead of IRAC when briefing cases. Page/line number citations? 4- give sources 5- look book jurisprudence
