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Labor & Employment Law

: New York Public Personnel Law

The First Amendment?s protection does not apply in all situations involving an employee?s refusal to submit to a polygraph test

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The First Amendment?s protection does not apply in all situations involving an employee?s refusal to submit to a polygraph test
Luty v City of Saginaw, #07-2035, 2009 U.S. App. Lexis 2674 (Unpub. 6th Cir.)
Source: AELE Law Enforcement Legal Center, http://www.aele.org/, Reproduced with permission. Copyright © 2009 AELE

A federal appeals panel sustains the demotion of a police lieutenant who refused to submit to a polygraph examination as part of an internal investigation.

The panel rejected her First Amendment objections to the test. The court said that "It is clear in this case that the plaintiff's 'speech' was of no public concern whatever and, therefore, is not protected by the First Amendment."

The decision is posted on the Internet at:
http://www.ca6.uscourts.gov/opinions.pdf/09a0107n-06.pdf

Full post as published by New York Public Personnel Law on May 08, 2009 (boomark / email).

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