Question

Which of the following is permissible government action under the Equal Protection Clause?

A) Laying off white teachers before minority teachers with less seniority to achieve racial balance among the faculty
B) Redistricting of legislative boundaries in order to place racial or ethnic minority voters in the majority
C) Hiring minorities to correct the effects of a government agency's past discrimination in hiring
D) Assigning students to public high schools based on race for the purpose of promoting diversity among the student body

Answer 1

Permissible government action under the Equal Protection Clause includes hiring minorities to correct past discrimination in alignment with affirmative action principles and EEOC enforcement.

Step-by-step explanation:

Under the Equal Protection Clause of the Fourteenth Amendment, permissible government action must treat people equally and not discriminate based on race, sex, or ethnicity unless it serves a significant government interest. One of the key outcomes of affirmative action and civil rights legislation is to correct past governmental discrimination by instituting policies that actively promote diversity and equal opportunity without imposing quotas or undue preference that would amount to reverse discrimination.

Among the given options, the action that is permissible under the Equal Protection Clause is hiring minorities to correct the effects of a government agency's past discrimination in hiring. This aligns with the principles of affirmative action and the role of the federal Equal Employment Opportunity Commission (EEOC) which enforces anti-discrimination policies particularly with federal contractors with a history of discrimination.