engquist oregon department agriculture et argued april decided june petitioner engquist oregon public employee filed suit respondents agency supervisor asserting inter alia claims equal protection clause alleged discriminated based race sex national origin also brought claim alleging fired member identified class unlike race sex national origin claims simply arbitrary vindictive malicious reasons jury rejected equal protection claims found engquist claim ninth circuit reversed relevant part although recognizing upheld equal protection challenge state legislative regulatory action village willowbrook olech emphasized routinely afforded government greater leeway acts employer rather regulator concluded extending theory context lead undue judicial interference state employment practices invalidate public employment held theory equal protection apply public employment context pp crucial difference government exercising power regulate license lawmaker acting proprietor manage internal operation cafeteria restaurant workers mcelroy thus context recognized government significantly greater leeway dealings citizen employees bringing sovereign power bear citizens large see ortega relevant precedent establishes two main principles first government employees lose constitutional rights go work rights must balanced realities employment context see second striking appropriate balance considers whether claimed employee right implicates relevant constitutional provision basic concerns whether right readily give way requirements government employer see connick myers pp equal protection jurisprudence typically concerned governmental classifications affect groups citizens differently others mcgowan maryland olech recognize equal protection claim circumstances sustained recognition theory however much departure principle equal protection clause concerned arbitrary government classification application principle facts case government singled olech regard regulation property cases upon relied concerned property assessment taxation schemes applied singular way particular citizens seems significant olech cited cases existence clear standard departures even single plaintiff readily assessed differential treatment raised concern arbitrary classification therefore required state provide rational basis forms state action however nature involve discretionary decisionmaking based vast array subjective individualized assessments cases treating like individuals differently accepted consequence discretion granted governmental officials principle applies clearly employment context decisions often subjective individualized resting wide array factors difficult articulate quantify unlike context regulation olech treating seemingly similarly situated individuals differently employment context par course proper challenge nature subjective individualized decision subjective individualized never found equal protection clause implicated area surprising given historical understanding nature government employment see cafeteria restaurant workers mcelroy recognition claim state treated employee differently others bad reason reason simply contrary concept constitution require repudiating familiar doctrine finally guided past realization government offices function every employment decision became constitutional matter connick supra claims recognized employment context personnel action wronged employee conjure claim differential treatment suddenly become basis federal constitutional claim equal protection clause require displacement managerial discretion judicial supervision garcetti ceballos pp affirmed roberts delivered opinion scalia kennedy thomas breyer alito joined stevens filed dissenting opinion souter ginsburg joined anup engquist petitioner oregon department agriculture et al writ certiorari appeals ninth circuit june chief justice roberts delivered opinion question case whether public employee state claim equal protection clause alleging arbitrarily treated differently similarly situated employees assertion different treatment based employee membership particular class hold theory equal protection place public employment context anup engquist petitioner case hired norma corristan international food standard specialist export service center esc laboratory within oregon department agriculture oda course employment engquist experienced repeated problems joseph hyatt another oda employee complaining corristan made false statements otherwise made life difficult corristan responded directing hyatt attend diversity anger management training john szczepanski assistant director oda assumed responsibility esc supervising corristan hyatt engquist szczepanski told client control engquist engquist corristan gotten rid engquist hyatt applied vacant managerial post within esc szczepanski chose hyatt despite engquist greater experience relevant field later year round budget cuts oregon szczepanski eliminated corristan position finally january engquist informed position eliminated reorganization engquist agreement gave opportunity either bump another position level take demotion found unqualified position level declined demotion therefore effectively laid engquist subsequently brought suit district district oregon oda szczepanski hyatt respondents alleging violations federal antidiscrimination statutes equal protection due process clauses fourteenth amendment state law engquist equal protection claim alleged defendants discriminated basis race sex national origin also brought known equal protection claim alleging fired member identified class unlike race sex national origin claims simply arbitrary vindictive malicious reasons app district granted respondents motion summary judgment engquist claims allowed others go forward including equal protection claims relevant case district found engquist equal protection claim legally viable deciding theory fully applicable employment context civ app wl held engquist succeed theory prove singled result animosity part hyatt szczepanski actions spiteful efforts punish reasons unrelated legitimate state objective demonstrate basis animosity treated differently others similarly situated ibid jury rejected engquist claims discrimination membership suspect class race sex national origin claims found favor claim specifically jury found hyatt szczepanski intentionally treat ed engquist differently others similarly situated respect denial promotion termination employment denial bumping rights without rational basis solely arbitrary vindictive malicious reasons app pet cert jury also found engquist several claims awarded compensatory damages punitive damages appeals reversed relevant part recognized upheld equal protection challenge state legislative regulatory action village willowbrook olech per curiam also acknowledged circuits applied olech public employment context citing cases disagreed courts ground cases routinely afforded government greater leeway acts employer rather regulator concluded extending theory equal protection public employment context lead undue judicial interference state employment practices completely invalidate practice public employment accordingly held theory inapplicable decisions made public employers regard employees judge reinhardt dissented agree ing circuits theory equal protection applicable public employment decisions granted certiorari resolve disagreement lower courts affirm ii engquist argues equal protection clause forbids public employers irrationally treating one employee differently others similarly situated regardless whether different treatment based employee membership particular class reasons olech supra recognized regulatory context similar theory equal protection brief petitioner equal protection clause protects individuals classes clause proscribes discrimination arising legislative act also conduct administrative official constitution applies state acts regulator also acts employer thus engquist concludes claims brought public employers state actors differential treatment government employees even based membership class group violates equal protection clause unless supported rational basis quarrel premises engquist argument well settled equal protection clause protect persons groups adarand constructors pe emphasis omitted clause protections apply administrative well legislative acts see raymond chicago union traction equally well settled escape strictures equal protection clause role employers see new york city transit authority beazer harrah independent school dist martin per curiam massachusetts bd retirement murgia per curiam however agree engquist conclusion follows premises traditional view core concern equal protection clause shield arbitrary classifications combined unique considerations applicable government acts employer opposed sovereign lead us conclude theory equal protection apply public employment context long held view crucial difference respect constitutional analysis government exercising power regulate license lawmaker government acting proprietor manage internal operation cafeteria restaurant workers mcelroy distinction particularly clear review state action context public employment thus government employer indeed far broader powers government sovereign waters churchill plurality opinion extra power government area comes nature government mission employer government agencies charged law particular tasks agencies hire employees help tasks effectively efficiently possible see also connick myers explaining government legitimate interest ing efficiency integrity discharge official duties maintain ing proper discipline public quoting ex parte curtis alterations original government interest achieving goals effectively efficiently possible elevated relatively subordinate interest acts sovereign significant one acts employer waters supra plurality opinion given realization government offices function every employment decision became constitutional matter connick supra constitutional review government employment decisions must rest different principles review restraints imposed government sovereign waters supra plurality opinion light basic principles often recognized government significantly greater leeway dealings citizen employees brings sovereign power bear citizens large thus example held fourth amendment require public employers obtain warrants conducting search employee office ortega plurality opinion see also scalia concurring judgment although recognized legitimate privacy interests public employees private objects bring workplace may substantial found gainst privacy interests must balanced realities workplace strongly suggest warrant requirement unworkable plurality opinion also found due process clause protect public employee discharge even discharge mistaken unreasonable see bishop wood due process clause fourteenth amendment guarantee incorrect personnel decisions speech cases particularly instructive pickering board ed township high school dist explained analyzing claim public employee deprived first amendment rights employer must seek balance interests employee citizen commenting upon matters public concern interest state employer promoting efficiency public services performs employees analyzed contours balance fully connick myers supra explained first amendment protects speech falls within core first amendment protection speech matters public concern recognized amendment protect speech assembly extent characterized political government therefore generally prohibit punish capacity sovereign speech ground touch upon matters public concern quoting mine workers illinois bar hen employee expression fairly considered relating matter political social concern community government officials enjoy wide latitude managing offices connick explained absent unusual circumstances federal appropriate forum review wisdom personnel decision taken public agency allegedly reaction employee behavior citing bishop supra precedent context therefore establishes two main principles first although government employees lose constitutional rights accept positions rights must balanced realities employment context second striking appropriate balance consider whether asserted employee right implicates basic concerns relevant constitutional provision whether claimed right readily give way requirements government employer principles mind come question whether theory equal protection cognizable public employment context equal protection jurisprudence typically concerned governmental classifications affect groups citizens differently others mcgowan maryland see ross moffitt protection emphasizes disparity treatment state classes individuals whose situations arguably indistinguishable san antonio independent school dist rodriguez stewart concurring basic concern equal protection clause state legislation whose purpose effect create discrete objectively identifiable classes plaintiffs cases generally allege arbitrarily classified members identifiable group personnel administrator mass feeney engquist correctly argues however recognized olech equal protection claim circumstances sustained even plaintiff alleged discrimination instead claims irrationally singled class one olech property owner asked village willowbrook connect property municipal water supply although village required easement property owners seeking access water supply village conditioned olech connection grant easement olech sued village claiming village requirement easement feet longer norm violated equal protection clause although olech alleged village discriminated based membership identifiable class held complaint stated valid claim equal protection clause alleged intentionally treated differently others similarly situated rational basis difference treatment citing sioux city bridge dakota county allegheny pittsburgh coal commission webster recognition theory equal protection facts olech much departure principle equal protection clause concerned arbitrary government classification application principle case involved government regulation property similarly cases upon olech relied concerned property assessment taxation schemes see allegheny pittsburgh supra sioux city bridge supra expect legislative regulatory classifications apply without respect persons borrow phrase judicial oath see explained long ago fourteenth amendment requires persons subjected legislation shall treated alike like circumstances conditions privileges conferred liabilities imposed hayes missouri appear similarly situated nevertheless treated differently equal protection clause requires least rational reason difference assure persons subject legislation regulation indeed treated alike like circumstances conditions thus appears individual singled government specter arbitrary classification fairly raised equal protection clause requires rational basis difference treatment olech seems significant olech cases relied existence clear standard departures even single plaintiff readily assessed indication olech zoning board exercising discretionary authority based subjective individualized determinations least regard easement length however typical determinations may general zoning matter see breyer concurring result rather complaint alleged board consistently required easement subjected olech easement differential treatment raised concern arbitrary classification therefore required state provide rational basis allegheny pittsburgh cited olech applicable standard market value county departed standard basing assessments quite dated purchase prices suggestion dramatic differences valuation similar property parcels based subjective considerations sort appraisers often rely see sioux city bridge also cited olech sort case recognizing equal protection claim one taxpayer property assessed percent value property assessed percent without regard articulated differences properties see forms state action however nature involve discretionary decisionmaking based vast array subjective individualized assessments cases rule people treated alike like circumstances conditions violated one person treated differently others treating like individuals differently accepted consequence discretion granted situations allowing challenge based arbitrary singling particular person undermine discretion state officials entrusted exercise suppose example traffic officer stationed busy highway people often drive speed limit basis upon distinguish officer gives one people ticket may good english say officer created class people get speeding tickets class one assuming nature particular government activity speeders stopped ticketed complaining one singled reason invoke fear improper government classification complaint rather challenges legitimacy underlying action decision ticket speeders circumstances course allegation speeding tickets given basis race sex state equal protection claim discriminatory classifications implicate basic equal protection concerns allowing equal protection claim ground ticket given one person others even discernible articulable reason incompatible discretion inherent challenged action proper challenge nature subjective individualized decision subjective individualized principle applies clearly employment context employment decisions quite often subjective individualized resting wide array factors difficult articulate quantify engquist points nlike zoning official public employer often must take account individual personalities interpersonal relationships employees workplace close relationship employer employee varied needs interests involved employment context mean considerations concerns personality conflicts unreasonable grounds government decisions zoning licensing may well justify different treatment public employee brief petitioner unlike context regulation olech treating seemingly similarly situated individuals differently employment context par course thus theory equal protection presupposes like individuals treated alike treat differently classify way must survive least rationality review simply poor fit public employment context treat employees differently classify way raises equal protection concerns rather simply exercise broad discretion typically characterizes relationship challenge one treated individually context instead like everyone else challenge underlying nature government action course say equal protection clause like constitutional provisions apply public employers indeed cases make clear equal protection clause implicated government makes decisions employment context treating distinct groups individuals categorically differently see beazer upholding city exclusion methadone users employment review martin classification teachers complied requirement rational violate equal protection clause murgia upholding mandatory retirement age classification based age review dissent broad statement excep state employees fourteenth amendment protection unequal irrational treatment hands state post opinion stevens thus plainly correct never found equal protection clause implicated specific circumstance government employers alleged made individualized subjective personnel decision seemingly arbitrary irrational manner surprising given historical understanding nature government employment long ago recognized settled principle government employment absence legislation revoked appointing officer mcelroy basic principle employment employee may terminated reason bad reason reason reply brief petitioner see andrews louisville nashville concept discharge implies sort statutory contractual standard modifies traditional rule contract employment terminable either party thus never held violation constitution government employer discharge employee based substantively incorrect information waters plurality opinion see also connick rdinary dismissals government service subject judicial review even reasons dismissal alleged mistaken unreasonable citing board regents state colleges roth perry sindermann bishop government employee generally claim based constitution waters supra plurality opinion see bishop supra state employers course take personnel actions independently violate constitution see supra recognition theory equal protection public employment context claim state treated employee differently others bad reason reason simply contrary concept employment constitution require repudiating familiar doctrine sure congress part replaced employment various statutory schemes protecting public employees discharge impermissible reasons see ed supervisor covered federal employee may discriminate basis conduct adversely affect performance employee applicant performance others see also brief amicus curiae government decision limit ability public employers fire act legislative grace constitutional mandate indeed recognizing sort claim engquist presses jeopardize delicate balance governments struck rights public employees government legitimate purpose ing efficiency integrity discharge official duties maintain ing proper discipline public service connick supra quoting ex parte curtis alterations original thus example although federal employees covered civil service reform act pub congress specifically excluded groups employees protection see ed excluding coverage inter alia federal bureau investigation central intelligence agency defense intelligence agency find equal protection clause subjects government equal protection review every allegedly arbitrary employment action undone congress careful work concluding theory equal protection application public employment context decide guided past realization government offices function every employment decision became constitutional matter connick supra engquist suggests plaintiffs need claim discrimination basis membership class group rather may argue treated employers worse employees similarly situated personnel action wronged employee conjure claim differential treatment suddenly become basis federal constitutional claim indeed allegation arbitrary differential treatment made nearly every instance assertedly wrongful employment action hiring firing decisions personnel action promotion salary work assignments theory employees treated wrongfully see engquist view every one employment decisions government employer become basis equal protection complaint engquist assures us accepting view pose much practical problem specifically engquist argues plaintiff employment case prove government differential treatment intentional plaintiff treated differently similarly situated persons unequal treatment rationally related legitimate government purpose brief petitioner governmental employment decision rational whenever discrimination relates legitimate government interest practice difficult plaintiffs show government failed meet standard justice stevens makes similar argument stating handful complaints dismissed well advance trial post agree even accepted engquist claim difficult plaintiff show employment decision arbitrary submission beside point practical problem allowing claims go forward context easy plaintiffs prevail governments forced defend multitude claims first place courts obliged sort search proverbial needle haystack equal protection clause require displacement managerial discretion judicial supervision garcetti ceballos short ratifying theory equal protection context public employment impermissibly constitutionalize employee grievance connick federal appropriate forum review multitude personnel decisions made daily public agencies bishop supra public employees typically variety protections sort personnel actions engquist complains equal protection clause one judgment appeals affirmed ordered anup engquist petitioner oregon department agriculture et al writ certiorari appeals ninth circuit june justice stevens justice souter justice ginsburg join dissenting congress provided judicial remedy individuals whose federal constitutional rights violated state action prior cases refused craft new remedies violation constitutional rights federal employees bush lucas nonconstitutional claims state employees bishop wood refusal give effect congressionally mandated remedy embodied impermissible avoid result today concludes engquist suffered constitutional violation thus harm remedied holding garcetti ceballos carves novel exception state employees constitutional rights garcetti created new substantive rule excepting category speech state employees protection first amendment today creates new substantive rule excepting state employees fourteenth amendment protection unequal irrational treatment hands state even surgery truly necessary prevent governments forced defend multitude equal protection class one claims use scalpel rather decision village willowbrook olech per curiam applied rule accepted part equal protection jurisprudence decades unless state action intentionally singles individual class individuals adverse treatment supported rational justification violates fourteenth amendment command state shall deny person within jurisdiction equal protection laws opinion olech emphasized legal issue whether class consisted one five members number individuals class immaterial equal protection analysis outcome case determined size disadvantaged class majority indeed dispute settled principle equal protection clause protects persons groups see ante outcome olech turn fact village discriminating property owner rather employee majority dispute strictures equal protection clause apply role employers well regulators see ante indeed made clear equal protection due process clauses fourteenth amendment provisions federal constitution afford protection employees serve government well served provides cause action citizens injured abridgment protections collins harker heights rather outcome olech dictated solely absence rational basis discrimination explained cases recognized successful equal protection claims brought one plaintiff alleges intentionally treated differently others similarly situated rational basis difference treatment explained purpose equal protection clause fourteenth amendment secure every person within state jurisdiction intentional arbitrary discrimination whether occasioned express terms statute improper execution duly constituted agents olech complaint also alleged village demand wholly arbitrary allegations quite apart village subjective motivation sufficient state claim relief traditional equal protection analysis internal quotation marks citations omitted olech engquist alleged state actions arbitrary irrational response state offered explanation whatsoever decisions claim engquist subpar worker even personality made poor fit workplace colleagues simply enjoy working fact state explicitly disclaimed existence workplace see reply brief petitioner jury proceeded find respondents intentionally treated engquist differently others similarly situated respect termination employment without rational basis solely arbitrary vindictive malicious reasons app pet cert jury verdict thus established rational basis either treating engquist differently employees termination employment state dispute finding reasoning olech absence justification discrimination sufficed establish constitutional violation majority nonetheless concludes based unique considerations applicable government acts employer class one theory equal protection applicable public employment context ante conclusion based upon speculation inapt hypothetical cases incorrect evaluation importance government interest preserving regime employment reasoning flawed counts ii majority asserts decisions carved equal protection jurisprudence employment decisions opposed example zoning decisions inherently discretionary agree employers must free exercise discretionary authority clear distinction exercise discretion arbitrary decision discretionary decision represents choice one among two rational alternatives see hart sacks legal process basic problems making application law tent ed defining discretion power choose two courses action thought permissible choice may mistaken unwise without irrational arguments favoring alternative closely balanced need make choice may justify using coin toss tie breaker moreover equal protection clause proscribes arbitrary decisions decisions unsupported rational basis unwise ones accordingly discretionary decision reasonably conceivable rational justification support equal protection claim truly arbitrary one therefore need create exception context order prevent discretionary decisions giving rise equal protection claims hypothetical situations posited majority prove otherwise hypothetical traffic officer described opinion ante rational basis giving ticket every speeder passing highway inability arrest every driver sight provides adequate justification making random choice group equally guilty equally accessible violators quite correct stating allowing equal protection claim ground ticket given one person others even discernible articulable reason incompatible discretion inherent challenged action ibid justification arrest need invoke equal protection clause officer conduct violate fourth amendment noted random choice among rational alternatives violate equal protection clause comparable hypothetical decision employment context supervisor required eliminate one position due involuntary chooses terminate one several equally culpable employees also differs instant case insofar assumes existence rational basis individual decision fact supervisor might able explain terminated one employee rather another give rise equal protection claim long rational basis termination decision terminate one rather culpable employees instead using scalpel confine class one claims cases involving complete absence conceivable rational basis adverse action differential treatment plaintiff adopts unnecessarily broad rule tolerates arbitrary irrational decisions employment context iii majority decision also rests premise constitution require repudiating th familiar doctrine employment ante doctrine applied broadly government employment see mcauliffe mayor new bedford mass many years theory public employment may denied altogether may subjected conditions regardless unreasonable uniformly rejected keyishian board regents univ state indeed recent constitutional decisions statutory enactments nullified significance doctrine see elrod burns rutan republican party see also ed supervisor covered federal employee may discriminate basis conduct adversely affect performance employee applicant performance others accordingly preserving remnants employment provides feeble justification creating broad exception category constitutional iv presumably concern actually motivates today decision fear governments forced defend multitude class one claims unless wields forthwith experience demonstrates however claims brought vast majority claims asserted complaints advancing claims well handful dismissed well advance trial experience also demonstrates fact rare cases petty tyrant misused governmental power proof misuse arbitrary unsupported conceivable rational basis suffice establish violation equal protection clause without requiring victim also prove tyrant motivated particular variety animus allegations complaint plainly identify proverbial needle haystack ante federal misconstrue constitution order make even easier dismiss unmeritorious claims sum compelling reason carve arbitrary decisions category equal protection violations familiar rational review standard sufficiently limit claims wholly unjustified employment actions accordingly respectfully dissent footnotes section provides person color statute ordinance regulation custom usage state territory district columbia subjects causes subjected citizen person within jurisdiction thereof deprivation rights privileges immunities secured constitution laws shall liable party injured action law suit equity proper proceeding redress disclaimer lower dismissed claim discerned reasonably conceivable state facts provide rational basis state actions even one put forth state fcc beach communications disclaimer however negated possibility moreover equal protection scrutiny incompatible employment since courts applying scrutiny able rely conceivable reason government action government therefore need explain actual reason terminating disciplining employee prior ninth circuit decision case class one claims arising context permitted every presented one yet approximately cases district courts courts appeals addressing claims since olech