Classifications based on race or national origin receive strict scrutiny, gender receives intermediate scrutiny, and other classifications receive rational basis review. Discriminatory intent is required for facially neutral policies.
Class of one claims address individual targeting.
Alternative Names:
Equal Protection Violation|Fourteenth Amendment Equal Protection
Why it Matters?
Discriminatory intent is required for facially neutral policies under Washington v. Davis, which means disparate impact alone does not establish an equal protection violation regardless of how stark the statistical disparity. That distinguishes the constitutional claim from Title VII disparate impact and defeats claims resting on outcome data alone. Rational basis review is highly deferential and defeats most claims outside suspect classifications.
Frequently Confused with
Related terms
Frequently asked questions
Does disparate impact establish a violation?
How deferential is rational basis review?
