Section 9 Right to Due Process

• Library: Employment Discrimination 2008

To qualify for due process protection, an employee must show a constitutional property interest in the employment. Bd. of Regents of State Colls. v. Roth, 408 U.S. 564, 577 (1972). Government employment that is “at will” does not implicate due process rights. Bishop v. Wood, 426 U.S. 341, 345–49 (1976). But if cause is required for discharge, due process is required. Vinyard v. King, 728 F.2d 428, 431–32 (10^th Cir. 1984).

The property interest must arise from a statute, regulation, or contract that provides a legitimate expectation of continued employment. An expectation of review of the discharge decision alone is insufficient. Pace v. Moriarity, 83 F.3d 261 (8^th Cir. 1996); Shaw v. Phelps County Reg’l Med. Ctr., 858 F....