Due process before discipline: What public employers need to provide

Abstract

This paper examines content and procedural due process requirements that must be met before an employee is disciplined by a public sector employer. The paper begins by analzying the circumstances and significance of the United States Supreme Court's historic Loudermill decision in 1985. Three key issues in predetermination hearings are treated: (1) the procedural requirements to be met in a predetermination hearing;(2) the scope of Loudermill; (3) the due process requirements of a predetermination hearing.

Human Resource Management in State and Local Government in the United States: Avoiding Liability for Discrimination Under Title 42 U.S.C. § 1983

“…At a minimum, due process includes the right (1) to be notified of the government's intention to assert an adverse action against the employee and (2) a pre-determination hearing that provides a meaningful opportunity to respond before the action takes place (Cleveland Board of Education v. Loudermill, 841 Ed. 2d 494 (1985)); Reeves, 1989). Given the Loudermill case, this requirement applies to federal, state and local employees.…”

“…If she was not given a hearing either before or after she was terminated by the city council, she may also have a claim that the city violated her procedural due process property rights (Reeves, 1989). …”