Discrimination based on age is reviewed under which constitutional standard?

• A. Strict Scrutiny
• B. Rational Basis
• C. Intermediate Scrutiny
• D. Heightened Scrutiny

Answer: (B)

Age-based classifications under equal protection are treated as non-suspect and do not involve a fundamental right. Because of that, they are reviewed under rational basis. Under this standard, the government only needs to show that the law or policy is rationally related to a legitimate government interest, and the courts give substantial deference to legislative judgments. This is much more forgiving than strict scrutiny (which targets race, national origin, or fundamental rights) or intermediate/heightened scrutiny (which targets gender). So, an age distinction typically survives as long as there is any plausible, legitimate purpose and a plausible link between the classification and that purpose.