7.20 Equal Protection: Class of One is a legal concept that provides protection from discrimination for individuals who are treated differently than everyone else in their class or group. This is different from traditional Equal Protection Clause cases, which focus on protecting classes of people from discrimination. Under the Class of One doctrine, a plaintiff must show that they have been treated differently than everyone else in the same class or group, and that this treatment was based on malice or irrationality. The doctrine has been applied to cases involving government employees, public housing, public services, and other areas of the law. It may also be applied to private actors, depending on the jurisdiction. There are two types of 7.20 Equal Protection: Class of One: the traditional Equal Protection Clause cases and the Class of One cases.
7.20 Equal Protection: Class of One
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How to fill out 7.20 Equal Protection: Class Of One?
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FAQ
While equal protection claims can fall into different categories, a base requirement for a claim to proceed is that the challenged law must either intentionally discriminate or intentionally be applied in a discriminatory manner.
Let us start by examining the three levels of review applied in Equal Protection and Due Process cases: (1) Rational Basis Review; (2) Intermediate Scrutiny; (3) Strict Scrutiny.
To prove a class-of-one claim, a plaintiff must establish that: (1) the government treated him or her differently from other similarly situated persons; (2) the difference in treatment was intentional; and (3) the difference in treatment was not rationally related to any legitimate government purpose.
Protection claims brought by a 'class of one,' where the plaintiff alleges that she has been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment.
Applicants, employees and former employees are protected from employment discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability and genetic information (including family medical history).
Sex, disability, and sexual orientation. Originally, the Fourteenth Amendment did not forbid sex discrimination to the same extent as other forms of discrimination.
Equal Protection For a court to apply strict scrutiny, the legislature must either have passed a law that infringes upon a fundamental right or involves a suspect classification. Suspect classifications include race, national origin, religion, and alienage.
Under that doctrine, the Supreme Court has held individuals that do not identify with some commonly recognized marginalized class may still assert discrimination claims as a class of one by alleging that they were treated differently from others similarly situated.