Q1 & Q2 Legal Updates
Employers/Supervisors CANNOT ask for the reason behind sick leave. Similarly, no generalities can be asked (circuitous questions) Exception: If it presents an immediate safety concern to the public. IE, exposure to Anthrax.
Transport Workers Union of America v. NYC Transit Authority; EEOC v. Dillard's
First Amendment Protections
First Amendment Protections apply when speech is conducted outside the scope of duties/ "part of the job." Ex: Speaking to another individual/officer in private not connected to direct or immediate duties is a protected element.
This is understood to mean conversations caugth on body camera or heard in passing by third party. As such, gossip and general discourse falls under First Amendment Protections.
Garcetti Rule applies where speech is weighed against definition of "what is pursuant to the job."
Garcetti v. Ceballos