News & Analysis as of

Ninth Circuit: Officer Removed After Raising Safety Issues Does Not Have First Amendment Claim

If a public employee reports departmental-safety concerns to his supervisor, and the employee is removed from duty for raising those concerns, does the employee have a viable First Amendment retaliation...more

Fifth Circuit Rejects Qualified Immunity Defense

The United States Court of Appeals for the Fifth Circuit has affirmed a district court’s summary judgment rejecting a police chief’s attempt to escape First Amendment retaliation liability based on a qualified immunity...more

Utah Employment Law Letter - June 2013: Race Discrimination: Irish vs. Hispanic: When is it reasonable to suspect illegal...

In the 1800s, Irish immigrants to the United States were looked down on and treated poorly. Indeed, they were so illtreated that saying someone had the “luck of the Irish” was a humorous way of saying that the person was...more

Police Department Is Not Required To Rehire Disabled Officer Who Is No Longer Able To Perform Essential Functions Of The Job

In Liu v. City and County of San Francisco (--- Cal.Rptr.3d ----, Cal.App. 1 Dist., December 11, 2012), a California court of appeal considered whether a city police department violated the California Fair Employment and...more

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