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View Full Version : Business Law: The Legal Basis of Discrimination



rainman
Saturday, November 21st, 2009, 07:55 PM
Just started taking this Business Law course. Some pretty interesting stuff here. Seems like whenever Affirmitive Action has been challenged in the United States it has been upheld as illegal and violating the equal protection clause of the fourteenth amendment (basically that all people should be equally protected under law- which is the basis of all European society and the meaning of the blind justice statues at the courthouse). Yet in individual cases the Judge is able to wave his magick wand and allow behavior that violates and contradicts law. This has also been used to uphold affirmitive action in certain "compelling" cases where it is deemed socially neccessary. This is called passing the test of "strict scrutiny" for a policy:
http://en.wikipedia.org/wiki/Strict_scrutiny

The results have been a hodgpodge of contradicting legal judgements depending on the individual case. Some universities are no longer allowed affirmitive action, others have been granted immunity to state and federal law under the strict scrutiny policy although in some of these cases their ability to discriminate is put to a minimal and can also be revoked in the future pending certain social changes and judgements that there is no longer a "compelling social interest" for such policies.

As such all I can say is make your voice heard the loudest in regards to what is in your social interest and continue to challenge the validity and social implications of certain laws/policies. Interestingly I just found out the Small Business Administration is also in court over the same thing and has at least in name (on their page and the name of their sub-organizations) removed their claim of favoring minorities and women. All across the nation these policies are being challenged in court. So please enough with the defeatist tones that we are "loosing" and there's nothing we can do and the future is all filled with fire and brim stone. You are dealing with a society of human beings in which you must first behave as a reasonable person to others if you want your voice heard. Secondly you must appeal to people's reason. Thirdly those people who don't respond to reason will respond to power and authority so you seek authority over such imbeciles. And most of all instead of whining, fight things. Be a thorn in the side to those who oppose you. You make it too easy for people to trample you and they will.

I hope this has been some use to you.