American Politics Today - Essentials (3rd Ed)

If not, discrimination is illegal.

STRICT

CASES INVOLVING SCRUTINY TEST

“SUSPECT

CLASSIFICATION”

(race, ethnicity, creed,

or national origin)

If yes to both, discrimination

is legal. However, very few

cases meet this standard.

NO

YES

If not, discrimination is illegal.

RATIONAL

BASIS TEST

If yes to both, discrimination

is legal. This is the easiest

hurdle for a law or policy

to pass.

NO

YES

CASES INVOLVING AGE,

ECONOMIC STATUS, OR

OTHER CRITERIA

If yes to both, discrimination

is legal. Some discrimination

based on gender is permitted,

but this test is harder to pass

than the rational basis test

applied to gender cases in

the past.

INTERMEDIATE

SCRUTINY TEST

NO If not, discrimination is illegal.

YES

CASES INVOLVING SEX

OR GENDER EQUALITY

DETERMINING IF DISCRIMINATION IS LEGAL

Answers: 1.a; 2.e

Unequal treatment based on race is typically

subject to

a strict scrutiny by the courts.

b intermediate scrutiny by the courts.

c rational basis test by the courts.

d First Amendment protections.

e majority preferences.

An example of unequal treatment that would

pass the rational basis test is

a affirmative action programs.

b hiring whites only.

c banning Jews from certain

government positions.

d systematically paying men more than women.

e banning people under a certain age

from driving.

1 2

POP

QUIZ!

1. Is unequal treatment
   justified by a “compelling
   state interest”?


2. Is unequal treatment the
   "least restrictive" option?


3. Is the discriminatory policy
   “substantially related” to an
   “important government
   objective”?


4. Is the discrimination
   "no greater than necessary"
   to achieve this objective?


5. Is the law rationally related
   to furthering a legitimate
   government interest?


6. Does the policy avoid
   "arbitrary, capricious, or
   deliberate" discrimination?

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