3rd Circ. Backs BNY Firing Worker For Violent Facebook Post

Law360 (March 4, 2021, 4:51 PM EST) -- The Third Circuit on Thursday upheld a ruling that BNY Mellon was legally justified in firing an employee who in a Facebook comment suggested driving a bus through a crowd of people protesting a police-involved shooting in East Pittsburgh.

A three-judge panel affirmed BNY Mellon's summary judgment win in Lisa Ellis' reverse race discrimination suit, saying she couldn't claim she was wrongly fired for a violent comment that she made on her personal Facebook account.

The protest — and Ellis' comment — came after a white East Pittsburgh policeman fatally shot Antwon Rose, an unarmed Black 17-year-old.

During the protest, a Pittsburgh-area...

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