Government Employment Can Be Denied Without Hearing

1961

In Cafeteria and Restaurant Workers Union v. McElroy, the U.S. Supreme Court rules that a military commander did not violate the Fifth Amendment’s due process clause when he decided, without a hearing, to indefinitely ban a cafeteria worker from entering the government building where she worked. The commander’s decision was based on his conclusion that the cook did not meet security requirements.

Despite the similarity to Greene v. McElroy, 1959, the Court says here that the military commander was acting within the wide authority given to him by Congress to ensure the safety of government buildings. The private employer in Greene had no such mandate, the Court says, and therefore could not take away an employee’s ability to practice his chosen profession without a due process hearing.