News & Analysis as of

Free Speech Adverse Employment Action

ArentFox Schiff

Captive Audience Meetings: An Area Fraught for Employers

ArentFox Schiff on

If you’ve managed a workforce during a union organizing campaign, you’re likely familiar with captive audience meetings; compulsory sessions at which managers try to persuade employees to reject the union. For over 70 years,...more

Seyfarth Shaw LLP

It’s An Election Year: Understanding Restrictions on Employer Actions Regarding Employee Political Activity

Seyfarth Shaw LLP on

Seyfarth Synopsis:  In six months, the U.S. presidential election will take place and inevitably employee views on the elections and election issues will make their way into the workplace.  In yesterday’s highly polarized...more

Fisher Phillips

New York, Minnesota, and Maine Ban “Captive Audience Meetings” – But the Fight is Just Beginning

Fisher Phillips on

Effective August 1, Minnesota now prohibits employers from “captive audience meetings” – that is, requiring, under threat of discharge, discipline, or some other penalty, employee attendance or participation in...more

Pullman & Comley - Labor, Employment and...

Disciplining Employees for Offensive Private Speech: Connecticut Employers Must Show Workplace Disruption

Employers in Connecticut need to be aware that Connecticut law makes the free speech provisions of both the First Amendment to the United States Constitution and those of the Connecticut Constitution applicable to...more

Tucker Arensberg, P.C.

High School Football Coach’s Mid-Field, Post-Game Prayer Ruled Protected Speech

Tucker Arensberg, P.C. on

​​​​​​​Kennedy v. Bremerton School District, 597 U.S. __ (2022) (The United States Supreme Court concludes that a coach praying at mid-field following a high school football game was engaged in private religious expression...more

Polsinelli

Supreme Court Issues Opinion on Religious Expression for Public Employees

Polsinelli on

The Supreme Court addressed the intersection of the First Amendment’s Establishment and Free Speech clauses as they relate to a public employee’s personal religious expression when done in the public eye. In a 6-to-3...more

Franczek P.C.

Supreme Court rules in favor of football coach who prayed on field after games

Franczek P.C. on

On Monday June 27, the Supreme Court issued their ruling in the case Kennedy v. Bremerton School District. (We previously reported on this case.) In a 6-3 decision penned by Justice Neil Gorsuch, the conservative majority...more

Franczek P.C.

Supreme Court to decide case of football coach placed on leave for post-game prayers

Franczek P.C. on

On April 25, the Supreme Court heard oral arguments in the case Kennedy v. Bremerton School District, which we previously reported on. As you may recall, the case involves a high school football coach, Joseph Kennedy, who was...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

FordHarrison

How the Misconception of ‘Free Speech’ in the Workplace Persists through High-Profile Examples of Social Consciousness

FordHarrison on

With the NBA season set to begin this month, so many eagerly anticipated storylines are being discussed. Would the Clippers and Lakers live up to expectations and make Los Angeles the place to be this season? How are teams...more

McNees Wallace & Nurick LLC

Court Holds Union Membership ‘Worthy of Constitutional Protection’

The Third Circuit Court of Appeals, the appeals court that has jurisdiction over federal cases in Pennsylvania, New Jersey, Delaware and the U. S. Virgin Islands, recently held that a public employer violates the First...more

Best Best & Krieger LLP

City Can’t Restrain Employee’s Critical Comments - Ninth Circuit Holds It Is OK to Speak on Matters of Public Concern as a Private...

A city employee’s comments at a public event were not protected under the First Amendment because she spoke as a public employee, not a private citizen, a federal appeals court held in Barone v. City of Springfield. However,...more

Parker Poe Adams & Bernstein LLP

New Lawsuit Claims First Amendment Protections for Political Speech for Employee of Private Sector Company

Every lawyer learns in their first year of law school’s Constitutional Law class that the First Amendment does not shield people from the consequences of their statements. Free speech guarantees only prohibit the government...more

Littler

Dear Littler: Can We Discipline An Employee Who "Took a Knee" During the Anthem?

Littler on

Dear Littler: I work for a prominent company in a small city here in the Hoosier State, and we are very involved in our local community. We sponsor a corporate softball team, and last night one of our team members “took a...more

Parker Poe Adams & Bernstein LLP

Google and Charlottesville Events Raise Questions for Companies Regarding Employee Political Views

Two recent major news stories again involve the intersection of politics with employment law. In the first matter, Google fired a programmer after he posted an internal document criticizing the company’s diversity...more

Burr & Forman

4th Circuit sets a match to battalion chief's First Amendment claims

Burr & Forman on

Lately, we’ve been seeing more cases in which public-sector employees accuse their governmental employer of violating the First Amendment to the U.S. Constitution. Such claims can arise in many ways, but with the...more

Nossaman LLP

Did You Know…SCOTUS Ruling on Personnel Decision based upon Perceived Political Affiliation Impacts Public Employers

Nossaman LLP on

The U.S. Supreme Court recently ruled on a matter involving “perceived affiliation”, bringing clarity to the matter, where the circuits provided discordant rulings. As a result, personnel actions based upon even mistaken...more

Constangy, Brooks, Smith & Prophete, LLP

What’s Your Workplace Retaliation IQ?

It’s been a while since we’ve had an employment law quiz, so let’s do it! This one is on retaliation. As always, the answers will be provided after each question — you have our “no-pressure” guarantee....more

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