U.S. High Court: Employee May Challenge Demotion Due To Alleged Political Activity
Mealey's (April 26, 2016, 12:01 PM EDT) -- WASHINGTON, D.C. — An employee who is demoted due to a mistaken belief that he engaged in protected political activity may challenge that decision under the First Amendment to the U.S. Constitution and 42 U.S. Code Section 1983, a divided U.S. Supreme Court ruled April 26 reversing a decision by the Third Circuit U.S. Court of Appeals (Jeffrey J. Heffernan v. City of Paterson, New Jersey, et al., No. 14-1280, U.S. Sup.).
(Opinion available. Document #73-160513-014Z.)
“To win, the employee must prove an improper employer motive....