9th Circuit Rules Public Employer Can't Be Sued by 'Class of One'

Summary

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A state worker could not sue on the basis that she was treated differently than other similarly situated employees because the "class of one" theory of equal protection doesn't apply to public employers, the 9th Circuit has ruled in vacating a $425,000 jury award.

The class-of-one theory recognizes liability for a violation of equal protection where a plaintiff has been intentionally treated differently from other similarly situated individuals and there is no rational basis for the difference in treatment.

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9th Circuit Rules Public Employer Can't Be Sued by 'Class of One'

An international foods specialist for the Oregon Department of Agriculture filed a class-of-one claim af...

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