Final answer:
Judges use the strict scrutiny standard to ascertain whether adverse impact, particularly due to discrimination against certain groups, has occurred, with the burden of proof on the government.
Step-by-step explanation:
Judges often use the strict scrutiny standard to determine whether adverse impact has occurred, particularly in cases involving discrimination against racial, ethnic, or religious groups, or those from various national origins.
Under the strict scrutiny test, the burden of proof is on the government to prove that classification is necessary to achieve a compelling governmental interest, it is narrowly tailored to achieve the desired outcome, and it is the least restrictive means for achieving that interest.
For example, if a group of African American students believes that a college admissions test discriminates against them, the courts would apply the strict scrutiny standard.
This means that the college or university would have to demonstrate a compelling reason for the test possibly causing discrimination, and that no less discriminatory alternative exists to achieve their legitimate objectives.