On a wholly random basis, a state agency has given a few probationary employees who were not rehired at the end of their probationary periods a statement of reasons and an opportunity for a hearing; but the agency has very rarely done so. No statute or rule of the agency required such a statement of reasons or a hearing. The employment of Masters, a probationary employee, was terminated without a statement of reasons or an opportunity for a hearing. The agency did not even consider whether it should give him either. A suit by Masters requesting a statement of reasons and a hearing will probably be
successful on the grounds that failure to give Masters reasons and an opportunity for a hearing constituted a bill of attainder. successful on the grounds that an agency's inconsistent practices, even if unintentional, deny adversely affected persons the equal protection of the laws.  unsuccessful, because Masters does not have a right to be rehired that is protected by procedural due process. 122  unsuccessful, because the conditions of state employment are matters reserved to the states by the Tenth Amendment.