Heightened Scrutiny: Definition, Explanation, and Example
In the realm of Diversity, Equity, and Inclusion (DEI), understanding and addressing Heightened scrutiny is crucial. Heightened scrutiny is a significant aspect of this discourse, but what exactly does it entail?
Definition:
Heightened Scrutiny refers to a legal standard used by courts to evaluate laws or policies that classify individuals based on certain characteristics, such as race, gender, or religion. It is a middle-tier level of judicial review that requires the government or policymakers to demonstrate that their actions serve an important governmental interest and are substantially related to achieving that interest. Heightened scrutiny is often applied in cases involving quasi-suspect classifications, which include characteristics like gender or legitimacy of birth. This standard ensures that policies or practices are not discriminatory or unjustifiably targeting specific groups, aligning with DEI principles.
Heightened Scrutiny and DEI:
In the broader DEI context, heightened scrutiny highlights the importance of critically evaluating policies or practices that affect underrepresented or vulnerable groups. Organisations and governments can use this principle to assess whether their actions align with equitable and inclusive values.
For example, a corporate diversity initiative that excludes specific groups under the guise of meritocracy may warrant heightened scrutiny to ensure fairness. By applying this standard, institutions can identify and dismantle discriminatory practices, fostering an inclusive environment where everyone has an equal opportunity to succeed.
Example:
An example of heightened scrutiny in practice is the landmark case of United States v. Virginia (1996). In this case, the Supreme Court evaluated whether the Virginia Military Institute’s (VMI) male-only admissions policy violated the Equal Protection Clause of the Fourteenth Amendment.
The Court applied heightened scrutiny, requiring the state to show that the exclusion of women served an important government objective and that the male-only policy was substantially related to achieving that objective. Ultimately, the Court ruled that VMI’s policy was unconstitutional, emphasising the need for policies to align with principles of equity and inclusion.
Why Understanding Heightened Scrutiny Matters:
Understanding heightened scrutiny is crucial for advocates of DEI as it reinforces accountability and fairness in decision-making processes. Whether in legal, corporate, or educational settings, this standard serves as a tool to challenge policies that perpetuate inequity, ensuring that diversity and inclusion remain at the forefront of organisational and societal growth.
Conclusion:
Heightened scrutiny is an essential concept within the DEI framework, emphasising the importance of fairness and accountability. By holding policies and practices to a higher standard, this legal principle ensures that actions affecting marginalised groups are both justified and equitable. Incorporating heightened scrutiny into DEI efforts can drive meaningful change and foster inclusive communities.
References:
Adler, J. H. (2022). Super Deference and Heightened Scrutiny. Fla. L. Rev., 74, 267. https://heinonline.org/HOL/LandingPage?handle=hein.journals/uflr74&div=10&id=&page=
Shapiro, S. A., & Levy, R. E. (1987). Heightened Scrutiny of the Fourth Branch: Separation of Powers and the Requirement of Adequate Reasons for Agency Decisions. Duke LJ, 387. https://heinonline.org/HOL/LandingPage?handle=hein.journals/duklr1987&div=31&id=&page=
Dana, D. A. (1996). Land Use Regulation in an Age of Heightened Scrutiny. NCL Rev., 75, 1243. https://heinonline.org/HOL/LandingPage?handle=hein.journals/nclr75&div=32&id=&page=
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