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by dabbledash 1549 days ago
Small clarification, but in the US, the “protected class” is a characteristic not subset of the population.

So, “sex” is a protected class, and the protection applies to everyone. There have been cases protecting males from discrimination on the basis of sex (for example - where a state had a higher minimum drinking age for men than women).

1 comments

Age is an exception. There are no protections for the young, only the old. There’s a certain age where (don’t know what it is) where you can’t be discriminated against, but below that you don’t have protections.
I believe SCOTUS hasn’t ruled that age is a “suspect classification” under the 14th amendment.

The federal ADEA (the Age Discrimination in Employment Act) only creates a right of action for people over 40.

It’s a weird one for sure. I wonder, if age were a suspect classification like sex, if the ADEA itself would be unconstitutional.

I mean wether SCOTUS found a right in the 14th amendment is neither here nor there. These sorts of things tend to come from laws passed by legislators.