This section contains the nature of the case and procedural background.

The Surface Transportation Assistance Act had a whistleblower provision that took effect when a transportation industry employee complained to the secretary of labor that he was discharged for whistleblowing. The secretary investigates, and if it determines that there was reasonable cause to believe the employee, an order was issued that directed the employer to place the employee back on the payroll. The employer could then request a hearing and final decision, but until that determination, the employer had to keep the employee on the payroll. Employers claimed that this unconstitutionally deprived them of procedural due process. Roadway Express discharged a driver for misconduct and OSHA ordered temporary reinstatement for whistleblowing. A full hearing was held 19 months later. The district court ruled in favor of Roadway. The Supreme Court granted certiorari.

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