Can the U.S. Supreme Court declare all laws prohibiting discrimination in the workplace to be unconstitutional?

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The year is 2025 and the U.S. Supreme Court has declared all laws prohibiting discrimination in the workplace to be unconstitutional. In its opinion, however, the Supreme Court made clear that employers could voluntarily adopt policies and procedures prohibiting any and all forms of discrimination in the workplace. The Supreme Court also made clear that employers could voluntarily adopt hiring practices to diversify their workforces provided such practices did not include express preferences based upon immutable characteristics.

You have been hired as a consultant by a large, nationwide retailer to examine the business case for ensuring that all of the employee protections are found within the federal anti-discrimination laws, as well as the business case for prohibiting any other forms of discrimination in the workplace.

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