Shawiak

MEMORANDUM **

Plaintiff Roseann Shawiak worked as a temporary employee for Defendant City of Phoenix. After the City terminated her employment, Plaintiff and her union filed an unsuccessful grievance and sought review by the Phoenix Employment Relations Board (“PERB”) under a “meet and confer” ordinance, Phoenix City Code §§ 2-209 to-222. Such review was unavailable, though, because the ordinance provides it only for permanent employees. Plaintiffs 42 U.S.C. § 1983 claim, as the case reaches us, is that the district court erred when it held that the ordinance’s distinction between permanent and temporary employees does not violate Plaintiffs equal protection rights. 1 On de novo review, S.D. Myers, Inc. v. City & County of San Francisco, 253 F.3d 461, 466 (9th Cir.2001), we affirm.

1. “The general rule is that legislation is presumed to be valid and will be sustained if the classification drawn by the statute is rationally related to a legitimate state interest.” City of Cleburne v. Cleburne Living Ctr., 473 U.S. 432, 440 , 105 S.Ct. 3249 , 87 L.Ed.2d 313 (1985). Rational basis review applies here.

Strict scrutiny applies only if an enactment directly and substantially…