Which of the following forms of discrimination is NOT illegal?
A. A resident of Oregon is denied a job on an oil pipeline in Alaska because he is not a state resident. B. A Hispanic citizen of Utah is prohibited from sending her children to public school because they don t speak English. C. A Baptist church declines to hire a qualified janitor because is not Christian. D. A public high school teacher in Tennessee is fired by the school board for teaching creationism alongside evolution.
A baptist church declines to hire a qualified janitor because is not christian.-in the alaska case, states are prohibited from discriminating against citizens of other states without justification (article iv, section ii). the pipeline example is actually a case brought to the supreme court (hicklin v. orbeck, 1978), which ruled that to violate the privileges and immunities clause, a the reason had to constitute a peculiar source of evil at which the statute is aimed.
the hispanic citizen and her children protected under the 14th amendment, which provides equal protection under the law, so denying them equal access to education (something the supreme court has ruled as a right for children) is in violation of the 14th amendment.
the public high school teacher is in violation of the 1st amendment -see supreme court case edwards v. aguillard (1987) - because the state would be favoring one religion (christianity)over another.
however, in the case of the baptist church, religious organizations are allowed to discriminate on a basis of religion (and only religion) in hiring practices due to their right to exercise free religion, even when those positions they are hiring for are nonreligious in nature. see corporation of the presiding bishop of the church of jesus christ of latter-day saints v. amos,(1987).