Recently, one federal court of appeals validated an employer’s decision to discharge an employee for posting a racially charged political statement on social media. In particular, the employee (a white Nashville emergency dispatcher) made a Facebook post related to President Trump’s victory following the 2016 election that included racial slurs. The employee subsequently removed the
First Amendment
U.S. Supreme Court Expands Ministerial Exception to Bar Employment Claims Against Religious Institutions
In a 7-2 decision this week, the United States Supreme Court clarified and expanded upon its 2012 decision in Hosanna Tabor Evangelical Lutheran Church and School v. EEOC, 565 U. S. 17, by holding that the First Amendment’s religion clauses prevent civil, secular courts from adjudicating employment-related claims brought by teachers and others entrusted…
Highly-Publicized U.S. Supreme Court LGBT Ruling Threads the Needle and Avoids Constitutional Questions
In a 7-2 decision yesterday, the U.S. Supreme Court issued a ruling in favor of a Colorado baker who refused to bake a custom wedding cake for a same-sex couple based on his devout Christian beliefs. Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, No. 16-111 (June 4, 2018). Although the case received heightened…
Why to Abstain from the 2016 Presidential Election (At Least in the Workplace), Part I
Although the Republican National Convention is now behind us in Cleveland, we still have several months of campaigning to endure prior to the presidential election. During this time of year, the issue of expressing political beliefs in the workplace is especially poignant.
In the midst of all of this political activity, employers may ask—how much…