Supreme Court of the United States

Uniformed Sanitation Men Assn., Inc. v. Commissioner of Sanitation of the City of New York

June 10, 1968392 U.S. 280

Summary

The Supreme Court reversed the lower courts, holding that dismissing public employees for refusing to waive their Fifth Amendment self‑incrimination privilege violates the Constitution. The Court reasoned that the New York Charter provision coercing employees to relinquish that privilege is unconstitutional, while declining to address the wiretap issue.

Holding

  • Whether dismissing public employees for refusing to answer questions that could incriminate them violates the Fifth Amendment privilege against self‑incrimination.. Yes; such dismissals are unconstitutional because they coerce employees to relinquish a protected privilege.
  • Whether New York City Charter §1123, which conditions continued employment on waiver of the privilege, is unconstitutional.. Yes; §1123 is facially unconstitutional because it forces employees to choose between self‑incrimination and their jobs.

Docket 823