Labor & Employment Law

Public employee states First Amendment cause of action

Source: Adjunct Law Prof Blog; Reproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved.

Public employees generally do not do well in First Amendment type cases. However, the plaintiff in Hughes v Region VII Area Agency on Aging, ___F.3d___, Nos. 07-1570/1647 (6th Cir. Sept. 8, 2008), managed to fight off dismissal. The court held that a public employee?s statements to reporter about allegations of sex harassment involved a matter of public concern; dismissal of First Amendment/discharge suit reversed.

The facts of this case are a bit unusual. The employee was fired after she was sought out and interviewed by a newspaper reporter about a sexual harassment lawsuit that had been filed against her supervisor by a co-worker. The plaintiff was interviewed about her belief that another employee was fired for advocating an independent investigation and about other arguably inappropriate conduct. The plaintiff also objected to disciplinary action and an unpaid suspension imposed against her for discussing with a colleague the effect of possible budget cuts at the agency. Following her termination, she filed suit under §1983.

Mitchell H. Rubinstein

Full post as published by New York Public Personnel Law on October 03, 2008 (boomark / email).