Brock v. Roadway Express, Inc.
United States Supreme Court
481 U.S. 252 (1987)
Roadway Express, Inc. (Roadway Express) (plaintiff) fired an employee, Hufstetler, who then filed a whistleblower complaint with OSHA (defendant) claiming he was really fired for reporting safety violations. Under the Surface Transportation Act's whistleblower provision, OSHA investigated, let Roadway Express present its own evidence, but never disclosed the witnesses or evidence Hufstetler presented against it, and ordered Hufstetler's temporary reinstatement well before holding a full hearing 19 months later. Roadway Express sued, claiming this process violated its procedural due process rights, and the Supreme Court granted certiorari.
Whether, under federal whistleblower law, the government may order an employer to temporarily reinstate a discharged employee without a full hearing, so long as the employer is informed of the relevant evidence supporting the complaint.