A reminder from the Fifth Circuit: a shift transfer can be a materially adverse action for retaliation purposes. "[A] retaliatory shift change that places a substantial burden on the plaintiff, such as significant interference with outside responsibilities or drastically and objectively less desirable hours, can dissuade an employee from reporting discrimination."
Political discussions seem to be happening everywhere today. And, more often than not, they can get quite heated. From tense family dinner tables to disagreements with complete strangers, people are voicing their opinions - loudly.
A Florida federal jury holds a union and county liable for retaliation against two employees for complaining about race discrimination. The Union argues on appeal that retaliation -- in the form of exposing the plaintiffs' names, complaint and projected cost of defense -- is constitutionally-protected free speech. The Eleventh Circuit affirms the verdict, nevertheless, holding that misleading and coercive speech amounting to a "call for reprisal" is not protected under the First Amendment.