And it has nothing to do with the First Amendment and freedom of speech. ICYMI, some NFL players decided to protest during this week’s games. On September 23, at a rally for Alabama Republican Senate candidate Luther Strange, President Donald Trump called upon National Football League owners to fire NFL players…
Remember when I told you (in this blog post, this article, and this tv interview) that private-sector employees have no First Amendment right, while government employees have limited free-speech rights? I lied. Actually, I was telling the truth. Today’s blog post proves that. Michael Todd Snipes was a law enforcement officer…
Allow me to explain. When is a lateral transfer a discrimination lawsuit? [cue music] Today’s lesson comes from the DC Circuit’s recent decision in Ortiz-Diaz v. HUD. Here’s how the appellate court summarized the facts and issues: Samuel Ortiz-Diaz was a criminal investigator in the Office of the Inspector General at the…
Following a tumultuous weekend in Charlottesville, VA, where a white nationalist march turned deadly, it appears as though at least one attendee will return home from the rally to find himself unemployed. “Unite the Right” attendees are getting outed on social media and apparently losing their jobs. Seth Millstein at…
The heat is most definitely on. Google and the myth of free speech at work. So, have you heard the news about the Google employee — well, now ex-Google employee — who authored and posted a diversity (anti-diversity?) memo to the company intranet. Yeah, that didn’t go over so well.…
For the first time, the Third Circuit Court of Appeals has recognized that “an extreme isolated act of discrimination can create a hostile work environment.” Yep, one word can cost you many dollars! In this particular case (Castleberry v. STI Group; opinion here), the plaintiffs claimed that, when working on a…
With all due respect to the United States Court of Appeals for the Second Circuit, I’m glad, at least for this month, that I don’t practice there. You see, as I blogged here on Monday, the Second Circuit ok’d/protected an employee’s vicious, profanity-laced, social-media tirade against his boss, his boss’s mother,…
Yesterday, at approximately 5:18 PM EDT, all of the associates at my law firm received the same email. It was from one of my partners, encouraging them to sign up to receive daily updates to this blog via email. “You will learn something from him nearly every day of the…
A few weeks ago, a reader emailed me and asked if I would weigh in on how businesses should address employees talking about politics at work. On the one hand, in the private sector, there are no First Amendment Rights. Free speech is a big myth. ( I suppose that the National…
It’s deja vu all over again. Yesterday, in this post, I stressed how important it is for employers to take complaints of discrimination — even the head-scratchers — seriously. Today, I’ve got for you an opinion from a Kentucky federal court, where an employer’s swift, measured response to a series complaints…