News & Analysis as of

Reversal Public Employees

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

Fifth Circuit Upends ‘Ultimate Employment Decision’ Requirement for Title VII Discrimination Claims

On August 18, 2023, in Hamilton v. Dallas County, the full Fifth Circuit Court of Appeals upended a longstanding precedent, significantly broadening the types of adverse employment actions that could give rise to an...more

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

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

Sixth Circuit Considers Public Employee’s Off-the-Clock Social Media Post in First Amendment Case

On August 19, 2020, in Marquardt v. Carlton, et al., No. 19-4223, the U.S. Court of Appeals for the Sixth Circuit reversed summary judgment for the City of Cleveland on a former employee’s claim that the city had terminated...more

Tucker Arensberg, P.C.

Public Employee’s Social Media Post Justifies Discharge

Tucker Arensberg, P.C. on

Carr v. PennDOT, 2020 WL 2532232 (Pa. 2020) (Pennsylvania Supreme Court sustains the termination of employment of a public employee for a social media post). Background - The Pennsylvania Department of Transportation...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Failure to File Timely EEOC Charge Does Not Deprive Court of Jurisdiction

In a recent EmployNews article, we reported on a federal appellate circuit split over how courts should dispose of employment discrimination suits where the plaintiff fails to file an EEOC charge within the required statutory...more

Payne & Fears

Key California Employment Law Cases: June 2018

Payne & Fears on

This month’s key California employment law cases are from the California Supreme Court and from the California Court of Appeal. Janus v. American Fed’n of State, County, and Mun. Employees, Council 31, 138 S. Ct. 2448...more

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

Ninth Circuit Finds ADA Claims Brought by Employee With Cerebral Palsy Can Go Forward

Facially neutral decisions that are part of routine workforce reductions may not hold up in court if the only employee to be discharged in a group belongs to a protected class. In Schwartz v. Clark County, No. 14-16365 (May...more

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

Connecticut's Highest Court Reinstates State Employee Fired for Smoking Marijuana at Work

The Supreme Court of Connecticut recently held, by a unanimous decision, that termination was not the only appropriate disciplinary action for a public employee who had been caught smoking marijuana during working hours. In...more

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