Is Discrimination Ever Legal?
What’s It About? Who knew? Discrimination—the unequal treatment of a person or persons on the basis of age, disability, ethnicity, national origin, race, religious belief, sex, or sexual identity—can be legal in specific circumstances. The Issue? When is it OK to discriminate?
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1. Identify some of the circumstances in which a group of persons may be lawfully discriminated against. What reasons for discrimination will the courts uphold?
2. Explain the claims of discrimination that underlie the Masterpiece Cakeshop suit.
3. Do sincere religious beliefs exempt restaurant owners from adhering to anti-discrimination law if their beliefs permit them, for example, to single out some groups for privileged treatment or to refuse to serve other groups?
4. Should the First Amendment right to free speech outweigh the First Amendment right to the free exercise of religion, or to any other right protected by the First Amendment, when those rights come into conflict?
5.
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Is there a legitimate reason for treating certain individuals or groups differently, even if it results in discrimination?
6. What is the difference between direct and indirect discrimination?
7. Are there any instances where discrimination is justified for the purpose of affirmative action or promoting diversity?
8. How does the concept of "reasonable accommodation" play a role in discrimination cases?
9. What are some potential consequences or backlash that can arise from allowing discrimination in certain circumstances?