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Offensive Language Appeals

Ogletree, Deakins, Nash, Smoak & Stewart,...

Sixth Circuit Backs Termination of Public Employee for Racially Derogatory Social Media Post on 2016 Presidential Election

On October 6, 2020, in Bennett v. Metropolitan Government of Nashville, No. 19-5818, the U.S. Court of Appeals for the Sixth Circuit reversed a district court’s decision in favor of a public employee who claimed that the city...more

Best Best & Krieger LLP

Speech Is Speech And It’s Protected - Tori Hester Analyzes Ninth Circuit First Amendment Ruling For Public Agencies In PublicCEO

A recent decision from the Ninth Circuit U.S. Court of Appeals offers a key reminder for public agencies: Even within a nonpublic forum, an individual’s and/or community’s Constitutionally protected freedom of speech cannot...more

Seyfarth Shaw LLP

Once Is Enough: Eleventh Circuit Allows Racial Harassment Claim Against Health Care Provider to Proceed—and Takeaways For...

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Seyfarth Synopsis: In a recent decision, the Eleventh Circuit Court of Appeals held that the use of the N-Word in the workplace one time is sufficient to trigger a hostile work environment....more

Dorsey & Whitney LLP

Second Circuit Holds Pro-Union Sentiment Outweighs Impropriety of Profanity-Laden Rant Against Supervisor, His Mother, and “His...

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Use of profanity by employees, whether in the workplace, outside the workplace, or on social media, presents difficult legal issues for the employer, as highlighted by a recent Second Circuit Court of Appeals decision...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Second Circuit Rules on Bounds of Protected Concerted Activity

In a case at the edges of protected employee conduct during a union organizing drive, the Second Circuit Court of Appeals last week found that an employee’s expletive-laden Facebook post cursing out his boss—and his boss’s...more

Parker Poe Adams & Bernstein LLP

Second Circuit Affirms NLRB View That Facebook "Likes" Are Protected Concerted Activity

Last week, the Second Circuit Court of Appeals backed the National Labor Relations Board’s position that employee social media postings are protected concerted activity under federal law, even if they use obscenities that...more

FordHarrison

Fourth Circuit Court of Appeals Holds Hostile Work Environment Can Be Created With A Single Racial Epithet

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Despite consistent direction from the United States Supreme Court that courts should look at "all the circumstances" in determining whether a workplace environment is sufficiently hostile or abusive to give rise to an...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

A Single "Hitler" Comment Is Insufficient for a Title VII Retaliation Claim in the Fifth Circuit

The Fifth Circuit Court of Appeals recently affirmed a judgment against a City of Houston employee who claimed that he was demoted for reporting another employee’s racially offensive comment made during a workplace meeting....more

Robinson & Cole LLP

Illinois Appellate Court Interprets Equal Terms “Comparator” Favorably for Local Government

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In an important decision for local governments, the Illinois Appellate Court on March 6, 2015 issued its decision in Joan Dachs Bais Yaakov Elementary School (“JDBY”) v. City of Evanston. The decision, particularly the...more

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