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Naomi, a white female applicant, is refused a job at a state university in favor of a less qualified minority applicant. She could consider suing the university on charges of reverse discrimination against her under the _____.

A. Thirteenth Amendment

B. Fourteenth Amendment

C. Twenty-Second Amendment

D. Civil Rights Act of 1866

E. Occupational Safety and Health Act

User Woody
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Final answer:

Naomi could sue the university on charges of reverse discrimination under the Civil Rights Act of 1964, especially Title VII which prohibits employment discrimination on several bases, including race and sex.

Step-by-step explanation:

If Naomi, a white female applicant, is refused a job at a state university in favor of a less qualified minority applicant, she could consider suing the university on charges of reverse discrimination against her under the Civil Rights Act of 1964.

Specifically, Title VII of this act makes it unlawful to discriminate against any individual with respect to employment on the basis of race, color, religion, sex, or national origin.

Court cases like Grutter v. Bollinger have tested these mandates against university admissions policies, often hinging on interpretations of the Fourteenth Amendment's Equal Protection Clause.

While the aforementioned amendment is crucial in promoting equal protection, in employment discrimination cases, the Civil Rights Act of 1964 is typically the more applicable statute.

This is because it directly addresses employment practices and provides a clear legal mechanism for individuals who believe they have been discriminated against to seek redress, including the establishment of the Equal Employment Opportunity Commission (EEOC) for investigating discrimination claims.

It's important to note that reverse discrimination claims, just like any other discrimination claims, require evidence that the employer's decision was based on prohibited discriminatory factors.

In Naomi's case, should evidence support that her rejection was substantially due to her race, despite her qualifications, a claim under the Civil Rights Act would be appropriate.

User UserFog
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