Municipalities that have chosen to impose employee residency requirements have sometimes faced constitutional challenges to their policies. These challenges seldom succeed in the courts. All that is needed for an employee residency requirement to be constitutional is that the municipality had a “rational basis” for adopting the requirement. This standard can be easily met.
The U S Supreme Court has addressed the constitutional issues of a residency requirement and decided that residency requirements do not violate the Due Process Clause or the Equal Protection Clause since they are not “irrational.”
McCarthy v. Philadelphia Civil Service Commission, 424 US 645 (1976)
The Court specifically decided that a residency requirement for a public employee does not violate the constitutionally protected right of interstate travel. The Court stated that there is no constitutional right to be employed by the City of Philadelphia while living elsewhere.
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