Larry Lee, Of Counsel in Baker Hostetler's Denver office, authored an article, "Avoiding Workplace Free Speech Claims in the Upcoming Election," which was published in Municipal Lawyer, a publication of the International Municipal Lawyers Association. According to Lee: "During the second half of 2008, public employers need to be aware of the established legal principles of the Constitution and relevant state statutes that apply to the ability of a public employee to exercise political speech rights at work. Employers with the government need to be especially careful before disciplining an employee for political expression in the months prior to this November's election." Typical claims filed by public employees, according to Lee, generally include political patronage discrimination, unjust termination after engaging in protected conduct, retaliation, and under certain state laws, whistleblower claims. Lee goes on to detail potential employer defenses that "may either limit or eliminate liability on a First Amendment claim," including:
Lee concludes by recommending an analysis which "should be considered before any adverse employment action is taken in respect of a governmental employee who has exercised his or her First Amendment rights."
To read the full article (PDF), click here.