United States Supreme Court Clarifies Public Employee Petition Clause Protections

more+
less-

In Borough of Duryea v. Guarnieri, 113 S.Ct. 2488 (2011) (PDF), the United States Supreme Court clarified that, although the Petition Clause of the First Amendment of the United States Constitution provides public employees separate and distinct protections, those protections are essentially the same as those afforded by the Free Speech Clause of the First Amendment. This is good news for public sector employers, who already face a slew of additional concerns in the area of employee discipline.

The Petition Clause has been trendy for public employees lately, but its contours have been somewhat unclear. Generally, the Petition Clause protects the rights of individuals to petition the government to seek redress of grievances. The courts have held that this provision protects public employees who file grievances against their employers. In other words, public employers are prohibited from retaliating against an employee who has filed a grievance or other complaint.

However, like other protections afforded to employees, there are limits to the protections afforded by the Petition Clause. The issue in Guarnieri was, what types of grievances/complaints are protected?

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© McNees Wallace & Nurick LLC | Attorney Advertising

Written by:

more+
less-

McNees Wallace & Nurick LLC on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
Ă—
Loading...
×
×