Problemas
A police department bars all smokers from being hired due to.Fhe fact that smokers cause health care costs to increase and workers who smoke more frequently absent themselves from work due to smoking-related illnesses. AU.S.court would apply what level of scrutiny If a smoker sued because the policy discriminates against smokers? A strict scrutiny B the rational basis test C The government can always discriminate against smokers. D intermediate scrutiny
Roztwór
Roberto
professionell · Tutor durante 6 años
4.7
(341 Votos)
Respuesta
B
Explicación
## Step 1This problem is about understanding the different levels of scrutiny applied by courts when evaluating laws or policies that may discriminate against certain groups. The three main levels of scrutiny are strict scrutiny, intermediate scrutiny, and the rational basis test.## Step 2Strict scrutiny is the highest level of scrutiny. It is applied when a law or policy infringes upon fundamental rights or involves suspect classifications such as race or religion. To pass strict scrutiny, the law or policy must serve a compelling state interest and must be narrowly tailored to achieve that interest.## Step 3Intermediate scrutiny is a middle level of scrutiny. It is applied when a law or policy classifies based on gender or legitimacy. To pass intermediate scrutiny, the law or policy must further an important government interest in a way that is substantially related to that interest.## Step 4The rational basis test is the lowest level of scrutiny. It is applied when a law or policy does not involve suspect classifications or fundamental rights. To pass the rational basis test, the law or policy must be rationally related to a legitimate government interest.## Step 5In this case, the policy discriminates against smokers, which is not a suspect classification or a fundamental right. Therefore, the rational basis test would be applied.