The US courts have considered a number of cases where a person has argued that his or her exclusion from insurability (either in social security, unemployment insurance or workers compensation) was in breach of the guarantee of equal protection in federal and/or state constitutions. The Social Security Act had originally entirely excluded domestic and agricultural workers. Early cases upholding the constitutionality of the Social Security Act had, inter alia, held that the exclusion of certain classes of worker from the scope of coverage did not render the legislation unconstitutional. However, these cases had not involved claims of racial, economic or sexual discrimination. Nonetheless, subsequent federal court decisions have consistently upheld exclusion of farm workers based on rational basis review. Legislative changes to the social security and unemployment insurance laws have addressed many of the issue concerning the exclusion of farm workers. However, exclusion of such workers from state workers compensation legislation remains an issue in a number of states although some State courts have struck down such exclusions – generally applying a heightened standard of review under State law. A recent case to consider this issue is in New Mexico where the district court has ruled that the exclusion of farm and ranch laborers from workers’ compensation benefits is in violation of the Equal Protection Clause set out in Article II, § 18 of the New Mexico Constitution. This note discusses this decision in the light of the existing jurisprudence.