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Today's Top News
Supreme Court Curtails Rights of Public Employees
WASHINGTON -- The Supreme Court on Monday limited the rights of public employees, ruling that a state worker who said she was fired by a supervisor who was out to "get rid of" her could not sue the government for denying her equal protection of the laws.
In a 6-3 ruling, the justices refused to open the courthouse door to what some have called discrimination lawsuits by a "class of one."
Typically, employees sue in federal court because they say they were subjected to illegal discrimination based on race, gender, religion or national origin. The court labeled such lawsuits "class-based" because the employees said they suffered discrimination as part of a group.
In recent years, however, some judges have allowed individual public employees to sue a state, city or school board claiming they were singled out for discrimination by a vindictive supervisor. Some of the employees were fired; others claimed they were denied promotions or raises.
The Constitution says the government may not "deny to any person . . . the equal protection of the laws." Public employees can bring job bias lawsuits that claim constitutional violations. Lawyers say only a handful of public employees have won such claims, which have been filed with increasing frequency.
In Monday's opinion, Chief Justice John G. Roberts Jr. said the "class-of-one theory of equal protection" threatened to turn ordinary job grievances from millions of public employees into federal cases.
"We are guided, as in the past, by the 'common-sense realization that government offices could not function if every employment decision became a constitutional matter,' " Roberts said. Workplace supervisors need to make a "subjective, individualized decision" to promote or demote an employee, he said, and they should not be hauled into court for such decisions.
The ruling concerns only government actions against public employees; private-sector workers are protected by other employment and civil rights laws.
The case began as a dispute between two men and two women who worked in a laboratory at the Oregon Department of Agriculture. One man was ordered to undergo diversity and anger management training. When one of his friends became head of the laboratory, the two men allegedly vowed to get rid of Anup Engquist and another woman. The women's jobs were eliminated.
Engquist, a native of India, sued Oregon and her supervisor in federal court. She alleged she was wrongly fired because of her gender and national origin but also for "arbitrary, vindictive and malicious reasons."
The jury rejected her claim of discrimination based on her gender and national origin, but agreed her firing was arbitrary, vindictive and malicious. She was awarded $175,000 in compensatory damages and $250,000 in punitive damages.
Last year, the U.S. 9th Circuit Court of Appeals in San Francisco overturned the ruling in a 2-1 decision. The judges concluded the right to equal protection of the laws did not extend to job discrimination claims from a "class of one."
The Supreme Court agreed in Engquist vs. Oregon. "Public employees typically have a variety of protections from just the sort of personnel actions about which Engquist complains, but the Equal Protection Clause is not of them," Roberts said.
The decision is a victory for groups such as the National School Boards Assn., the League of California Cities and the National Conference of State Legislatures, all of which had urged the court to reject such claims.
"This type of claim has not been that common. But if the decision had gone the other way, it would have added to every lawsuit involving a public employee," said Mark Meyerhoff, a Los Angeles lawyer whose firm, Liebert, Cassidy and Whitmore, represented the League of California Cities and the California State Assn. of Counties.
Justices John Paul Stevens, Ruth Bader Ginsburg and David H. Souter dissented. They said such lawsuits might be rare but public employees should be protected "against unequal and irrational treatment at the hands of the state."
In other action Monday, the court agreed again to hear cigarette maker Philip Morris' appeal of a $79.5-million award of punitive damages to the widow of a smoker.
Five years ago, the justices set aside the award in a one-line order and said the amount should be reconsidered. After the Oregon Supreme Court upheld it, the justice overturned the award last year as a violation of due process.
But the Oregon court reinstated it again, and on Monday the high court agreed to hear Philip Morris' claim that the state court had ignored what the justices said. The case will be heard in the fall.
© 2008 The Los Angeles Times

7 Comments so far
Show AllSo now the Supreme Court affirms that we are a nation under "common sense" instead of a nation under law. Are we surprised?
http://www.msnbc.msn.com/id/10562904/
Impeachment or not..vote...
Heyyyyy better sweep this poll under the rug....
Do you believe President Bush's actions justify impeachment?
* 595514 responses
Yes, between the secret spying, the deceptions leading to war and more, there is plenty to justify putting him on trial.
89%
No, like any president, he has made a few missteps, but nothing approaching "high crimes and misdemeanors."
4.1%
No, the man has done absolutely nothing wrong. Impeachment would just be a political lynching.
5%
I don't know.
2%
You mean the corporate court that Bush into office is against workers??? Gee what a shock.
willybill June 10th, 2008 3:13 pm
"http://www.msnbc.msn.com/id/10562904/
Impeachment or not..vote…"
willybill,
Thanks. I just cast my vote to impeach - it's now at 89%!
Catholics of America should take note that all five of their guys (Thomas, Roberts, Alito, Scalia and Kennedy) were the majority here, finding a way to make a female worker powerless against vindictive male supervisors.
These guys LOVE an all-powerful church government over parishoners, and they LOVE the same in secular matters.
You will see this theme play out with the Catholic Gang on the Supreme Court again and again and again in the coming years. With luck the Catholic citizens will begin to "get it" and have editorial fits against their "Brethren" now inhabiting the black robes. Such is the only hope of American citizens for moderating their future judicial behavior.
Off topic re;the Supremes but this new trend from elected, the Supremes politicailly appointed by the Prez of the days beliefs, officials that sit in the minor courts and mete out judgements all day are becoming increasingly hostile towards women.
A recent case involving a woman that was damged for who knows how long by being raped was ordered by the ?judge? to not use the word 'rape' when giving testimony because it tainted the jury in their ability to without predjudice to properly treat the accused without prejudging his heinous crime, of course this freak judge didn't say heinous crime. He said it taints the jury pool. So I suppose we cannot say murdered, robbed, beaten, stabbed or shot either? What is this nonsense? I hope when she continues her FIRSTHAND testimony, so brave she is, she says the man that fipped me over and fucked me because he needs that power over women and it isn't about sex because it was over in 30 seconds, poor young, brave woman. I wish her healing and moving forward with her life because with her strength I have no doubt she will go very far in her precious life.