State Residency Cannot Be Factor In Hiring

1978

In Hicklin v. Orbeck, the U.S. Supreme Court rules that the State of Alaska may not discriminate against nonresidents in hiring practices. The Alaska Hire Statute was enacted to curb unemployment among Alaska residents by giving them preference over nonresidents in employment, on the grounds that unemployment in the state was substantially the result of the influx of nonresident job seekers. The Court finds this suggestion to be untrue. The statute is ruled an unconstitutional violation of the commerce clause, which guarantees equal opportunity for employment for all citizens regardless of state residency.