Law and Ethics in the Business Environment

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Table of Contents

Equal Protection Analysis
Intermediate/Heightened Scrutiny
Claims Relating to Affirmative Action
Reference

Equal Protection Analysis

Equal Protection Analysis is a procedure intended for considering the possibility of the violation of fundamental human rights by the government or the state. Its origin can be traced to the corresponding clause in the Constitution as of 1868, which was adopted in order to avoid discrimination of any kind (Halbert & Ingulli, 2015). This measure can be introduced by the court in any single case when there is enough evidence of implementing an improper approach to defending citizens’ rights (Halbert & Ingulli, 2015). Hence, the main reason why it can be used is to ensure that equality in the matter is guaranteed by the authorities.

Intermediate/Heightened Scrutiny

The term “intermediate/heightened scrutiny” in the context of the Equal Protection Analysis described above is critical for understanding the way this solution can be applied. It is specifically designed to prevent discrimination related to one’s gender or sex (Halbert & Ingulli, 2015). For example, in this situation, elaborating new laws providing for different treatment of male and female citizens is unacceptable. Therefore, this type of scrutiny is helpful in preventing adverse outcomes of such decisions as per the Constitution and guaranteeing the suitability of practices to the task of ensuring everyone’s wellbeing.

Claims Relating to Affirmative Action

The claims relating to affirmative action during their consideration with the use of Equal Protection Analysis are examined through the lens of constitutional provisions. In other words, the activists striving to support one or another population group in a less privileged position compared to the majority solely rely on them (Halbert & Ingulli, 2015). In practice, their rights are restored by the introduction of state-approved modifications in different aspects of life when the need for it emerges, such as in the case of improper hiring traditions.

Reference

Halbert, T., & Ingulli, E. (2015). Law and ethics in the business environment (8^th ed.). Cengage Learning.

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Law and Ethics in the Business Environment

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