Employment & Labor Insider

Fictional, but based on a true story. Continue Reading ›

This week in Vaccine Mandate/Injunction Land. Continue Reading ›

Mere "misuse" of information is not enough. Continue Reading ›

Bless this employer's heart. Continue Reading ›

Should the employer force the issue? Continue Reading ›

UPDATE (Saturday, 9/26): The nominee is ACB! Continue Reading ›

A bit of impeachment/employment law trivia. Continue Reading ›

Mark your calendars! Continue Reading ›

Bye-bye to Bonnie O'Daniel. Continue Reading ›

Court says no, in one of the weirdest cases ever. Continue Reading ›

The status, the arguments, and my predictions. Continue Reading ›

Here's a summary of what you may have missed over the holiday break. Continue Reading ›

UPDATED 12/4/18: I was right to be skeptical. Continue Reading ›

Delayed again! Continue Reading ›

We may know by the end of this month. Continue Reading ›

Nah. They'll just agree to disagree. Continue Reading ›

Hurry up and wait. Continue Reading ›

C'mon, Supreme Court: Settle this one! Continue Reading ›

Hively v. Ivy Tech is ovah! Continue Reading ›

And one judge is not pleased. Continue Reading ›

Another federal appeals court will soon decide whether Title VII prohibits sexual orientation discrimination. Continue Reading ›

The employer in the "gay skydiver case" has reportedly asked for Supreme Court review. Continue Reading ›

Let's look at the arguments, pro and con, that the Supreme Court is likely to hear someday. Continue Reading ›

The issue of whether Title VII prohibits sexual orientation bias will have to be resolved another day. Continue Reading ›

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. Continue Reading ›