A federal appeals court in Cincinnati will hear oral argument over whether the Tennessee Supreme Court’s legal ethics board must face a retaliatory discharge lawsuit filed by a lawyer who was sacked for posting tweets that were critical of Muslims.
Jerry Morgan, who worked at the state Supreme Court’s Board of Professional Responsibility, has asked the US Court of Appeals for the Sixth Circuit to revive his lawsuit arguing that his tweets were protected by the First Amendment.
Morgan posted the tweets at issue—which he said dealt with issues in the national political discourse, with some mirroring views expressed by former President Donald Trump—before he worked for the government.
The case, which will be heard Wednesday, shows the potential repercussions of workers’ past statements on social media. As a public sector employee, Morgan could challenge his termination in court on constitutional grounds, but most workers in the private sector have little legal recourse.
The dispute also highlights the obstacles that judiciary employees can face when suing for allegedly illegal workplace actions, an issue that’s commanded increased attention throughout the #MeToo era.
Federal judiciary workers aren’t covered by Title VII of the 1964 Civil Rights Act’s anti-discrimination protections, leaving a narrow lane for legal claims of job bias. A former federal public...
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