Labor & Employment Law

SCOTUS takes 1st amendment employment case

Today the US Supreme Court granted certiorari to decide whether the first amendment protects government employees from retaliation for petitioning on a matter of purely private concern.

The case: Borough of Duryea v. Guarnieri [Details, briefs]

In 2003 the Borough dismissed Guarnieri from his job as police chief; Guarnieri filed a union grievance which led to an arbitration; Guarnieri prevailed and was reinstated to his position. Upon his return to work in 2005, the Borough issued eleven directives as to what Guarnieri must do or could not do on the job. In 2006 the Borough withheld $338 in overtime.

Guarnieri sued and won a jury verdict on his claim that the directives and the withholding of overtime were in retaliation for filing and winning his 2003 grievance, in violation of the 1st amendment. The 3rd Circuit affirmed in Guarnieri v. Duryea Borough (3rd Cir 02/04/2010).

The US Supreme Court granted certiorari to review the 3rd Circuit judgment.

The Borough argued that the 1st amendment does not protect government employees from retaliation for the filing of petitions unless they address matters of public concern.

However, the 3rd Circuit followed Foraker v. Chaffinch, 501 F.3d 231 (3d Cir 2007) which held that "a public employee who has petitioned the government through a formal mechanism such as the filing of a lawsuit or grievance is protected under the Petition Clause from retaliation for that activity, even if the petition concerns a matter of solely private concern."

Question Presented by the ceriorari petition:

Whether the Third Circuit erred in holding that state and local government employees may sue their employers for retaliation under the First Amendment?s Petition Clause when they petitioned the government on matters of purely private concern, contrary to decisions by all ten other federal circuits and four state supreme courts that have ruled on the issue.

Full post as published by Ross' Employment Law Blog on October 12, 2010 (boomark / email).