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Berkley v. United States

Air Force RIF required evaluators to consider terminated officers' race or gender and thus would violate other officers' equal protection rights absent narrow tailoring to meet compelling governmental interest.

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Appealed from: United States Court of Federal Claims Judge Marian Blank Horn

Opinion for the court filed by Circuit Judge PROST. Dissenting opinion filed by Circuit Judge DYK.

This is a military pay class action case brought on behalf of officers of the United States Air Force terminated pursuant to a 1993 Reduction in Force (“RIF”). The basis of their complaint is that the formal instructions governing selection for involuntary termination required different treatment of officers based on their race or gender, thereby violating the equal protection guarantee of the Fifth Amendment to the United States Constitution.

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