- Affirmative action programs: <u>c. are controversial because they are seen as reverse discrimination</u>.
- One of the possible legal challenges to affirmative action programs is that they violate the <u>equal protection</u> clause of the <u>Fourteenth</u> Amendment. Because this amendment is at play, any affirmative action program that uses race or ethnicity as a basis for decision making is reviewed by the courts using <u>strict</u> scrutiny.
- Because discrimination law is primarily federal, states are not allowed to pass laws that ban affirmative action or protect classes other than those in the federal laws- <u>this is a false statement</u>.
<u>Explanation</u>:
An affirmative action is a program that uses past discrimination to justify present decisions by giving some sort of consideration to protected status.
Discrimination means treating an individual differently and unfairly because of their race, sex or social status. A discrimination law deals with the incidents of unequal or unfair treatment. People are even discriminated based on disability, genetic makeup and other personal characteristics.
According to <em><u>Fourteenth Amendment</u></em>, the court uses strict analysis to review affirmative action programs.