Suspect classification refers to a class of individuals who have been historically subject to discrimination. The Equal Protection Clause of the 14th Amendment, imposes a restraint on the governmental use of suspect classification. There are four generally agreed-upon suspect classifications: race, religion, national origin, and alienage. However, this is not an exhaustive list.
In footnote 4 of United States v. Carolene Products, Co., the Supreme Court encapsulates this feature through the concept of “discrete and insular minorities” - which are individuals that are so disfavored and out of the political mainstream that the courts must make extra efforts to protect them, because the political system will not.
The use of suspect classification is reviewed by the courts when the governmental action has a disproportionate or disparate impact on a particular group. See Village of Willowbrook v. Olech (2000).
Additionally, Washington v. Davis required that the impact on this particular group must be intentional, in the sense that it results from a discriminatory purpose or design.
When a statute discriminates against an individual based on a suspect classification, that statute will usually be subject to either strict scrutiny or intermediate scrutiny. To pass strict scrutiny, the law or policy must both satisfy a compelling government interest and be narrowly tailored to satisfy that interest. In determining whether someone is a “discrete and insular minority” courts will look at a variety of factors, including but not limited to whether the person has an inherent trait, whether the person has a trait that is highly visible, whether the person is part of a class which has been historically disadvantaged, and whether the person is part of a group that has historically lacked effective representation in the political process.
For more on suspect classifications, see this Seattle University Law Review article, this St. John's Law Review article, and this list of Equal Protection Supreme Court Cases.
[Last updated in June of 2024 by the Wex Definitions Team]
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