Teaching Profession

Supreme Court Rules for Public Employers in Targeted-Bias Case

By Mark Walsh — June 12, 2008 2 min read
  • Save to favorites
  • Print

The U.S. Supreme Court sided with public employers last week in a decision that will restrict workers from suing over alleged job discrimination based on arbitrary or vindictive reasons aimed just at them.

In a case being watched closely by school groups, the issue before the justices was whether a public employee may press a federal lawsuit under the 14th Amendment’s equal-protection clause when an adverse job action is based on subjective reasons that don’t otherwise violate laws barring discrimination based on race, sex, or other protected classes. Such a suit is called a “class of one” claim.

“Ratifying a class-of-one theory of equal protection in the context of public employment would impermissibly constitutionalize the employee grievance,” Chief Justice John G. Roberts Jr. said in the opinion for a 6-3 majority in Engquist v. Oregon Department of Agriculture (Case No. 07-474).

The chief justice said that a food-standards specialist for the state of Oregon whose job was eliminated amid tensions with her boss had no recourse under the equal-protection clause.

The class-of-one theory of equal protection, which means that the government should treat like individuals alike in decisions about, say, zoning or licensing, “is simply a poor fit for the public employment context,” the chief justice said.

Treating employees differently, as long as it is not for illegal discriminatory reasons, is part of the broad discretion that comes with at-will employment, he said.

The chief justice’s opinion was joined by Justices Antonin Scalia, Anthony M. Kennedy, Clarence Thomas, Stephen G. Breyer, and Samuel A. Alito Jr.

Sharp Dissent

In a dissent joined by Justices David H. Souter and Ruth Bader Ginsburg, Justice John Paul Stevens said the majority was using “a meat ax” to carve out an exception to public employees’ constitutional rights.

The court was adopting “an unnecessarily broad rule that tolerates arbitrary and irrational decisions in the employment context,” Justice Stevens said.

The case was being watched closely by school groups. The National Education Association had filed a friend-of-the-court brief on the side of the worker in the Oregon dispute, while the National School Boards Association had filed a brief on the side of the state.

Francisco M. Negrón Jr., the general counsel of the NSBA, said in a statement that the decision “will save public schools from unnecessary suits.”

Michael D. Simpson, the general counsel of the NEA, said in an interview that teachers protected by tenure or collective-bargaining agreements wouldn’t be harmed by the ruling, but that many paraprofessionals and probationary employees don’t have such protections.

“It’s that crowd who lost out in this decision,” Mr. Simpson said. “School employees are not infrequently fired because administrators just don’t like them.”

Related Tags:

A version of this article appeared in the June 18, 2008 edition of Education Week as Supreme Court Rules For Public Employers In Targeted-Bias Case

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Reading & Literacy Webinar
Unlocking Success for Struggling Adolescent Readers
The Science of Reading transformed K-3 literacy. Now it's time to extend that focus to students in grades 6 through 12.
Content provided by STARI
Jobs Regional K-12 Virtual Career Fair: DMV
Find teaching jobs and K-12 education jubs at the EdWeek Top School Jobs virtual career fair.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Professional Development Webinar
Mentorship That Matters: Strengthening Educator Growth & Retention
Learn how to design mentorship programs that go beyond onboarding to create meaningful professional growth opportunities.
Content provided by Frontline Education

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Teaching Profession Download 5 Strategies for Supporting K-12 Teachers: Lessons From California
This resource discusses the main takeaways from a March 2026 live event hosted by Education Week and EdSource.
1 min read
Attendees and panelists partake in breakout sessions during the State of Teaching event in San Francisco in March 2026.
Attendees and panelists partake in breakout sessions during the State of Teaching event in San Francisco in March 2026.
Andrew Reed/EdSource
Teaching Profession Q&A Teach For America's Tutoring Focus Is Now Helping Drive Teacher Recruitment
The education corps is rebounding from pandemic losses, thanks in large part to a burgeoning tutor focus.
4 min read
Teach for America teacher Channler Williams with kindergartners at Templeton Elementary School in Riverdale, MD on April 12, 2016. Teach for America has seen its applicants drop in each of the last three years so they are retooling the way they recruit students. One thing they are doing is taking prospects to see TFA teachers at work. Today, students from Georgetown and George Washington University got a glimpse of life in the classroom and Mrs's Williams class was among those visited.
Teach For America has had success getting undergraduates to tutor, some of whom later go into its teaching corps. The organization is seeking ways how to respond to newer teachers' needs and expectations. TFA teacher Channler Williams works with her kindergartners at Templeton Elementary School in Riverdale, Md. on April 12, 2016.
Linda Davidson/The Washington Post via Getty
Teaching Profession 2026 Teacher of the Year Preps History Students for a Diverse and Divisive World
Leon Smith of Pennsylvania engages high school students in new angles on seemingly well-trodden topics and events.
3 min read
Teacher of the Year Leon Smith on March 25, 2026 Haverford High School in Pennsylvania.
The 2026 Teacher of the Year, Leon Smith, in his classroom at Haverford High School in Pennsylvania on March 25, 2026,
Courtesy of the Council of Chief State School Officers
Teaching Profession Flexibility and Teamwork Are Key to Rebuilding Teacher Confidence, Morale
Lone Star teachers and principals show the little ways schools can support teacher morale.
3 min read
Attendees during the State of Teaching event in San Antonio on April 14, 2026.
Attendees share stories during Education Week's State of Teaching event in San Antonio on April 14, 2026. Many said that helping make the job more flexible for teachers could go some ways to making the job feel more sustainable.
Kaylee Domzalski/Education Week