Public Employee Enjoys Rare First Amendment Retaliation Success

First_amendment_3 From mlive.com, comes this First Amendment retaliation case that reminds me of the old days of public employee free speech rights before the Garcetti decision of the U.S. Supreme Court eviscerated free speech protection for these employees in 2006.

Hughes v. Region VII Area Agency on Aging, 07-1570 (6th Cir. Sept. 8, 2008) considered the claims of a former public employee who alleged that she was fired for her conversations with a local newspaper reporter. Because defendants did not claim that she spoke in accordance with her official duties, Garcetti v. Ceballos, was found inapplicable.

Instead, the court concluded that the trial court was in error and the plaintiff spoke on a matter of public concern protected by the First Amendment when she discussed with a newspaper reporter issues concerning a number of incidents relating to the former executive director of the agency, including alleged sexual harassment, a lawsuit settlement, and other turmoil surrounding the agency.

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A Whistleblower Wins! A Whistleblower Wins!

Whistle In an unsual case (as far as the success rates of these cases (and here) go), and one that might still be overturned by an appellate court, the DOL’s Administrative Review Board (ARB) finds in favor of a mine cleanup whistleblower.

In Dixon v. Dept. of the Interior, No. 06-147 (8/28/08), the ARB found that a federal employee of the Department of Interior’s Bureau of Land Management (BLM) engaged in protected activity under the whistleblower provisions of several environmental statutes. Consequently, he properly received back pay and compensatory damages.

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Using the Power of Baseball to Help Inspire the Disabled

Mlblogo That’s the idea about this campaign by the U.S. Department of Labor and Major League Baseball.

Together, they are launching the ‘PITCH’ campaign to encourage businesses to hire people with disabilities. Former Major Leaguer Jim Abbott, famous in baseball history for being the first pitcher to make it to the majors pitching with only one hand, will be serving as campaign spokesman.

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