Workers' EEOC Claim Not Protected Speech: 5th Circ.

Law360, New York (February 2, 2009, 12:00 AM EST) -- A federal appeals court has affirmed the dismissal of a free speech suit brought by a group of state employees in Mississippi, ruling that their claim of age discrimination does not constitute protected speech under the First Amendment.

In its decision Friday, the U.S. Court of Appeals for the Fifth Circuit said the workers' class action did not rise to a matter of public concern necessary for protection under the U.S. Constitution.

The appeal was brought by 10 former employees of the Mississippi Department of Rehabilitation...
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