Is a government employee permitted to withdraw a publicly conferred benefit in retaliation for the exercise of a constitutional right?

California, United States of America


The following excerpt is from Adcock v. Board of Ed. of San Diego Unified School Dist., 103 Cal.Rptr. 633, 27 Cal.App.3d 442 (Cal. App. 1972):

While government may not condition public employment by the imposition of an unconstitutional requirement, or arbitrarily withdraw a publicly conferred benefit in retaliation for the exercise of a constitutional right, it does not follow 'government may never condition the receipt of benefits or privileges upon the non-assertion of constitutional rights.' (Bagley v. Washington Township Hospital Dist., 65 Cal.2d 499, 505, 55 Cal.Rptr. 401, 406, 421 P.2d 409, 414.) When the practical necessity of the employer-employee relationship requires, government may impose conditions relating to and bearing upon the benefits and privileges of employment even though such imposition results in a limitation upon a constitutional right. The need for imposing the restriction must outweigh the resulting impairment of the constitutional right, and the restriction on the exercise of the right must go no further than necessary to maintain the integrity of the governmental function involved. (Bagley v. Washington Township Hospital Dist., supra, 65 Cal.2d 499, 505-507, 55 Cal.Rptr. 401, 421 P.2d 409.)

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