What are you grateful for this year? Here is my list.
The freedom of speech afforded by the First Amendment is remarkably broad. Several categories of speech, including even “hate speech,” are afforded varying degrees of protection.
However, the freedom of speech guaranteed by the First Amendment is not without limits, even for public sector employees. Governmental employees who voice their opinions — even on matters of legitimate public concern – are well served to choose their words, as well as the times and forums in which they communicate those words, very carefully.
Just ask Michael Todd Snipes, a former law enforcement captain for the Beach Safety and Ocean Rescue Department in Volusia County, Florida. Capt. Snipes was fired for making racially insensitive comments on his Facebook page and in group text messages sent to several of his fellow officers.
In freedom of speech cases, the context in which a thought or idea is communicated often matters a great deal. Although there is never a good time to make racially insensitive remarks, Capt. Snipes’ timing was particularly ill-considered.
Reason No. 4: We have an all-star team of co-bloggers.
To wit (in alphabetical order): Ken Carlson, Cara Crotty, Louise Davies, Tommy Eden, LaLonnie Gray, Billy Hammel, Ellen Kearns, Damon Kitchen, Angelique Lyons, Bob Ortbals, Alyssa Peters, Kristine Sims, Sandra Sok, Jill Stricklin, Spring Taylor, Stephanie Underwood, Heidi Wilbur, and Jon Yarbrough. (Thanks, you guys!)
You ...
Whether justified or not, the recent spate of high-profile police shooting cases throughout the United States has brought national attention to the issue of whether law enforcement officers should be using body cameras while on duty. Currently, a debate rages among the various stakeholders concerning the pros and cons of body cameras.
Those in favor of body cameras argue that the ...
Thank you all very much for helping elect us to the American Bar Association Blawg 100 for 2016. We were one of only five employment law blogs to make the list, out of approximately 4,000 blogs in all legal categories. Your support and your readership are greatly appreciated!
We had a lot of guest bloggers this year, and they also deserve credit for our success. So thank you very much (in ...
This has been a weird year for me. (And, no, I'm not even thinking about the election!) But I have much to be thankful for, and I hope you do, too.
BREAKING THING TO BE THANKFUL FOR: Yesterday evening, the U.S. Department of Labor's new rule governing white-collar exemptions under the Fair Labor Standards Act was struck down by a federal judge in Texas. I'll have more on the decision ...
NOTE FROM ROBIN: This is the second and final installment in a series on the law regarding patronage dismissals in public sector employment by Damon Kitchen, head of our public sector industry group.
In last week's installment, I provided an introduction to the issue of patronage dismissals in the public sector, and a discussion of the Supreme Court's Elrod (1976) and ...
NOTE FROM ROBIN: This is the first in a two-part series on the law regarding patronage dismissals in public sector employment by Damon Kitchen, head of our public sector industry group. Damon, welcome to the blog!
It’s election season, and each year, like the dead leaves that fall from the trees, many loyal and long-term employees of vanquished incumbents face the prospect of getting ...
I assume everyone has heard by now about Gretchen Carlson's sexual harassment lawsuit against Roger Ailes, head of Fox News.
I read the lawsuit yesterday, and some of the things that Mr. Ailes allegedly said struck me as . . . taken out of context. He has forcefully denied the allegations.
But in Ms. Carlson's defense, a number of women have apparently made complaints about Mr ...
Male attorneys, it's not a good idea to use the "V" word when referring to your female adversaries, and you might even be sanctioned for it.
(Chill! I'm not talking about that "V" word.)
Have you ever heard of the word "virilism"? Neither had I. But apparently it's a real thing: the appearance of male secondary sex characteristics in a female. (Males can have the condition, too, but it's ...
Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act).
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