U.S. Supreme Court Bars "Class of One" Claims by Public Employees

In Engquist v. Oregon Dept. of Agriculture, decided June 9, 2008, the U.S. Supreme Court held that "class of one" equal-protection claims were incompatible with public employment.  A "class of one" claim is an assertion that a public entity has treated the plaintiff different from other similarly-situated persons; and that there is no rational basis for the difference.  If the facts show that kind of irrational treatment, the plaintiff may be able to assert violation of her equal protection rights, even if the discrimination is not based on her race, sex, or other "suspect" classification.  Engquist holds that such claims by public employees against public employees are improper, in light of the policy against constitutionalizing employment grievances.