Which of the following statements is not true concerning age discrimination? A. The Supreme Court has declared age to be a suspect classification. B. Older people are better organized to protect...

Which of the following statements is not true concerning age discrimination?
 A. The Supreme Court has declared age to be a suspect classification.
 B. Older people are better organized to protect their rights than younger people.
 C. The most frequent act of discrimination against older people is job discrimination.
 D. Younger people are denied many basic rights.
 E. A law passed by Congress bans age discrimination in certain areas.

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pohnpei397 | College Teacher | (Level 3) Distinguished Educator

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The correct answer to this question is Option A.  The Supreme Court of the United States has explicitly ruled that age is not a suspect class.  This ruling came in a case that was decided in June of 1976.  The name of the case was Massachusetts Board of Retirement v. Murgia.

In this case, a police officer named Robert Murgia sued because state law mandated that he (and all state police officers) had to retire when he reached the age of 50.  Murgia sued, arguing that the state law violated the Equal Protection Clause of the 14th Amendment to the Constitution of the United States.  The Supreme Court did not agree with him.  It held that this law only needed to be scrutinized under the rational basis test.  That means that the Court held that age is a nonsuspect class, not a suspect class.  Therefore, Option A is the correct answer.

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