High Court Downs Gov't Worker's 'Class-Of-1' Claim

Law360, New York (June 9, 2008, 12:00 AM EDT) -- Public employees do not have a constitutional right under the equal protection clause to challenge arbitrary employment decisions, because the government is granted more discretion in its role as an employer than as a regulator, the U.S. Supreme Court said Monday.

The high court voted 6-3 to uphold a circuit court decision that “class-of-one” claims for equal protection do not apply in the context of public employment.

“[W]e have often recognized that government has significantly greater leeway in its dealings with citizen employees than it does...
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