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While most Americans would agree that one should not be blatantly discriminated against on the basis of sex, race, or religion, as an egalitarian maxim it becomes much more difficult to maintain when seemingly alterable and/or non-biological traits come under scrutiny. Defining aspects of a person such as language use, cultural practices, or body type, for example, leave open the debate over what characteristics are, in fact, given legal protection against discrimination.
Read MoreThis question posed by Mount Lemmon Fire District v. Guido is a microcosm of a much bigger issue. In recent years, the United States Supreme Court has been frequently tasked with filling in the holes left by incomplete legislation, a task of interpretation that readily encroaches on the law-writing duties entrusted to the Congress by the Constitution. Especially in the area of age discrimination regulation, the task of flushing out crucial details has been relegated to the courts. In order to properly understand this issue, some terms need to be defined.
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