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Hicklin v. Orbeck | 437 U.S. 518 (1978)
Working in the oil and gas industry can be lucrative, especially in Alaska, where harsh conditions often force companies to pay higher salaries and bonuses to attract workers. But several out-of-state workers were disappointed when they found that they were ineligible for hire because an Alaska law gave preference to Alaska residents. In Hicklin versus Orbeck, a challenge to that law went all the way to the United States Supreme Court.
In nineteen seventy-two, Alaska passed the Alaska Hire Law. Under this law, state residents received a preference over out-of-state residents when applying to jobs related to gas or oil extracted under natural resources leases with the state of Alaska.
In nineteen seventy-five, work began on the Trans-Alaska Pipeline. In response to complaints that nonresidents were being hired, Edmund Orbeck, the Alaska Commissioner of Labor, issued an order requiring unions to hire Alaska residents prior to nonresidents. Sidney Hicklin and several other nonresidents who sought to work on the pipeline sued, claiming that the law violated the Constitution’s Privileges and Immunities Clause by discriminating against nonresidents. The trial court upheld the law. The Alaska Supreme Court held that the law’s one-year residency requirement to be considered an Alaska resident was unconstitutional, but that a thirty-day requirement was permissible. The court upheld the law’s general preference for in-state residents over out-of-staters. The United States Supreme Court granted cert.
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