First Amendment Archives
Public School Dress Codes: The Basics
May 24, 2018
This case was not handled by our firm. School dress codes are a common way schools try to keep students safe and limit disruptions. iphone 11 case coque iphone 11 bague or pour pouce But dress codes can also cause controversy Read MoreHigher Education and Individual Rights
May 24, 2018
This case was not handled by our firm. Federal and state laws protect individual rights in education, from elementary school through college. coque iphone coque iphone That includes your right to free speech. iphone 11 case have advised numerous residents of New York and Connecticut about matters related to higher education. iphone 11 case This case was not handled by our firm. iphone 11 case Students in Read MoreCan I be disciplined for free speech outside school
February 4, 2016
This case was not handled by our firm. bijoux personnalise One of the great misconceptions in American society is that we hold an unalienable right to speech free from any consequence. coque huawei Free speech Read More
Filed Under: Constitutional Rights, Education Law Tagged With: campus, discipline, bague or blanc change de couleur doninger, education, First Amendment, free speech, protected, school, speech
Failure to Hire Due to Race, Gender, Sexual Orientation and Political Viewpoints
July 15, 2013
By Lindsay E. goed hoesje Raber, Esq.
The State of Connecticut has in place a particularly comprehensive, sweeping bague or chevaliere homme statutory scheme (collectively the Connecticut Fair Employment Practices Act[1]) that outlines the prohibition of discriminatory practices in employment on a variety of bases:
Race, color, bague or jaune perle de culture blanche religious creed, sex, age, gender identity or expression, marital status, national origin, ancestry, present of past history of mental disability, bague or scorpion mental retardation, learning bague or jaune taille 55 disability or physical disability, including but not limited to blindness.[2]
LGBT individuals enjoy recognized protections under bague or coeur saphir State workplace discrimination law.[3] Furthermore, there are additional federal laws through which an aggrieved party may seek recourse.[4] Thus, under Connecticut law, employers, including school districts, cannot refuse to hire or discharge an employee on any of the above bases.
What happens, however, if an aggrieved party alleges camé bague or that bague or particulier he or she was not hired because of his or her political beliefs and bague or rose saphir rose advocacy Such is the case of Teresa Wagner, who sought to teach law courses at the University of Iowa College of Law (UI). A bague or blanc et amethyste staunch conservative Republican and UI alum, Ms. coque iphone coque iphone 6 Wagner "previously worked for the National Right to Life Committee, which opposes abortion and euthanasia, and the Family Research Council, which takes conservative positions on social issues."[5] At the time Ms. Wagner applied for two legal research and writing positions at UI, she was "already working part time at the law school's writing center" and "had received positive reviews" for her performance in that capacity.[6] She did very well during the interview process and bague or jaune diamant emeraude "her application was well received by the Committee."[7]
On the other hand, the law mauboussin bague or jaune school faculty "is viewed as being liberal. Only one out of 50 professors is a registered Republican."[8] In an email to the dean of UI, the associate dean wrote:
Frankly, bague or homme rubis one thing that worries me is that some people may be opposed to Teresa serving in any role in part at least because they so despise her politics (and especially her activism about it).[9]
In addition, Ms. coque iphone x Wagner's "primary, vocal opponent to hiring her" was a professor who "had clerked for Justice Blackmun during the time Roe v. coque iphone coque iphone Wade was written, has written tributes to Justice Blackmun and his abortion jurisprudence, and has published legal articles advocating a pro choice viewpoint on abortion."[10]
Subsequently, a job offer was extended to an adjunct legal research and writing instructor who was less qualified and "portrayed himself as a liberal to other employees at the Writing Center."[11] The second position remained unfilled, and Ms. coque iphone 5s Wagner received word that she was not being hired. She filed a civil rights lawsuit in federal court, alleging UI's dean discriminated against her bague or platine homme in violation of the First Amendment's right to political speech and association. coque huawei However, the district court granted summary judgment revendre bague or saphir in favor of UI, thus dismissing the case, citing qualified immunity protection.
However, on appeal, the Eighth Circuit Court of Appeals reversed, finding that "[t]he district court erred in finding that qualified immunity protects [UI's bague or 18 carats personnalisable dean] from liability in her bague or blanc taille 46 individual capacity." As bague or blanc topaze bleue histoire d'or the Court noted in part, "[UI's dean] had several indications that Wagner's political beliefs and associations may have played a belle bague or blanc role in the faculty's hiring process."[12] Despite such notice, the UI dean failed to hire Ms. Wagner, and her "position as a supervisor does not shield her from liability."[13]
The trial in this case has already begun, and bague or homme diamant it will be interesting to see the results. coque iphone xs Though Connecticut does not recognize political bague or orse affiliation bague or graphique as a protected class in discrimination cases, no doubt the outcome of bague or saphir homme this case may result in widespread implications if the courts find in Ms.