BUS-294 Lecture Notes - Lecture 2: Stakeholder Analysis, Equal Protection Clause, Intermediate Scrutiny
23 Sep 2020
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No discrimination is allowed unless it meets certain standards. If it involves a fundamental rights or race than must show show strict scrutiny. Discrimination based on other protected classes (other than race. ) Must meet intermediate scrutiny: substantially related to an important government interest. Disability, sex, religion, age, gender, and sexual orientation. Economic and social welfare - regulating economic or social issues. This means that a statute may classify corporations and/or people and the classification will be upheld if they make any sense at all, Example: a company is allowed to exclude methadone users from any employment. Steps to determine constitutionality of ay law: Step 1: is there procedural due process? (5th amendment) Step 2: is there substantive due process? (5th amendment) Step 3: does the law violate equal protection? (14th amendment) Balancing the goal of profits with values of individuals and society. Positive law: if your action is not illegal, it is ethical.
