1. Supreme Court – Scrutiny Tests

2. DETERMINING IF DISCRIMINATION IS LEGAL
Is the law rationally related to furthering a legitimate government interest?
Does the policy avoid "arbitrary, capricious, or deliberate” discrimination?
RATIONAL SCRUTINY TEST
YES
If yes to both, discrimination is legal. (Easiest hurdle for a law or policy to pass.)
AGE, ECONOMIC STATUS, OR OTHER CRITERIA NO
If not, discrimination is illegal.
Pop Quiz!
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.

3. DETERMINING IF DISCRIMINATION IS LEGAL
YES
If yes to both, discrimination is legal. (Some discrimination based on gender is permitted. This test harder to pass than rational basis test.)
Is the discriminatory policy “substantially related” to an “important government objective”?
Is the discrimination "no greater than necessary” to achieve this objective?
INTERMEDIATE SCRUTINY TEST
SEX OR GENDER EQUALITY NO
If not, discrimination is illegal.

4. DETERMINING IF DISCRIMINATION IS LEGAL
Is unequal treatment justified by a “compelling state interest”?
Is unequal treatment the "least restrictive" option?
STRICT SCRUTINY TEST
YES
If yes to both, discrimination is legal. (Few cases meet this standard.)
“SUSPECT CLASSIFICATION”
(race, ethnicity, creed, or national origin) NO
If not, discrimination is illegal.