Gilbert v. Homar (1996)
- Docket
- 96-651
- Decided
- 1996-01-01
Summary
Question: Does a state institution violate the Due Process Clause of the Fourteenth Amendment by suspending a tenured employee without pay before holding a hearing in which the employee can voice objections? Conclusion: No. The Court ruled unanimously that a pre-suspension hearing is not necessary to protect the rights of a tenured employee who is suspended without pay. The opinion by Justice Antonin Scalia balanced three factors relevant to constitutional due process: 1) the weight of the private interest of the accused; 2) the chance of wrongfully depriving the private interest; and 3) the weight of the government's interest. The Court held that "[s]o long as the suspended employee receives a sufficiently prompt post suspension hearing, the lost income is relatively insubstantial."