News & Analysis as of

Discipline First Amendment

Segal McCambridge

Free Speech – Where Do We Draw the Line

Segal McCambridge on

In recent times, headlines have been dominated by instances where students, professors, and professionals engaged in inflammatory, anti-Semitic, racist, sexist, and offensive language. The fallout has led institutions to...more

Parker Poe Adams & Bernstein LLP

Executive's Race Bias Claim Over Termination for Podcast Comments Tossed by Fourth Circuit

Two of the biggest employment law fallacies we encounter relate to employees’ beliefs about the impact of their off-duty behavior on their careers. First, we see situations where the workers claim that employers have no right...more

Tucker Arensberg, P.C.

Third Circuit Upholds Preliminary Injunction in Government Employee First Amendment Masking Case

Tucker Arensberg, P.C. on

​​​​​​​On June 29, 2022, the United States Court of Appeals for the Third Circuit upheld the preliminary injunction of the United States District Court rescinding discipline placed on Port Authority employees who wore “Black...more

Tucker Arensberg, P.C.

Pennsylvania Supreme Court Clarifies Standard for School District Regulation of Off-Campus Speech

Tucker Arensberg, P.C. on

In J.S. by M.S. v. Manheim Township School District, 263 A.3d 295 (Pa. 2021), Pennsylvania’s highest court took a step toward clarifying the sticky issue of school districts’ ability to discipline students for off-campus...more

Fisher Phillips

Disciplining Faculty in a Public Higher Education Setting: Growing Number of Jurisdictions Recognize “Academic Exception”

Fisher Phillips on

Can a public university discipline a professor for refusing to address a student by the student’s preferred pronoun? If so, can the professor defend his conduct by alleging his religious beliefs prohibit him from recognizing...more

McGlinchey Stafford

Political and Controversial Activity in the Workplace [More with McGlinchey Ep. 11]

McGlinchey Stafford on

Election season is in full swing and the climate is certainly charged. In this episode of “More with McGlinchey,” Labor and Employment attorneys Mag Bickford, Rasch Brown, Camille Bryant, and Kathy Conklin discuss employees’...more

Parker Poe Adams & Bernstein LLP

Employers React to Employee Social Media Posts Over Nationwide Protests

As widespread protests against police use of force continue nationwide, a number of employers have received complaints that employee social media comments on the protests include racist content. Employers naturally hesitate...more

Seyfarth Shaw LLP

Connecticut Supreme Court Expands Protection for Would-Be Whistleblowers

Seyfarth Shaw LLP on

Connecticut whistleblowers were handed a siren to sound the alarm on employers this week. In interpreting the state constitution in Trusz v. UBS Realty Investors, LLC, SC 19323 (Conn. Sup. Ct., official release Oct. 13,...more

Cozen O'Connor

WTF?!

Cozen O'Connor on

WTF already?! As in, “where’s the fairness?” Time for an acronym update from our favorite government acronym, the NLRB. You will certainly remember that we have recommended asking yourself three questions before determining...more

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