Legal Opinion
Locurto v. Giuliani
Court of Appeals for the Second Circuit
Decided April 27, 2006No. Docket Nos. 04-6480-CV(L), 04-6498-CV(CON), 04-6499-CV(CON)PublishedCited by 39 opinions
1Opinion of the Court
CALABRESI, Circuit Judge.
The Government as employer bears a special burden. Absent contrary legislation, a private employer may regulate the workplace environment, and hire, fire, and promote as it pleases. The Government enjoys no such freedom. As the Supreme Court has said, “the state and federal governments, even in the exercise of their internal operations, do not constitutionally have the complete freedom of action enjoyed by a private employer.” Cafeteria & Rest. Workers Union, Local 473 v. McElroy, 367 U.S. 886, 897-98, 81 S.Ct. 1743, 6 L.Ed.2d 1230 (1961). The Government as employer…
2Cases cited43 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Pickering v. Board of Ed. of Township High School Dist. 205, Will Cty.Supreme Court of the United States · 1968
- Connick Ex Rel. Parish of Orleans v. MyersSupreme Court of the United States · 1983
- Crawford-El v. BrittonSupreme Court of the United States · 1998
38 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Anemone v. Metropolitan Transportation AuthorityCourt of Appeals for the Second Circuit · 2011
- Natalie Munroe v. Central Bucks School DistrictCourt of Appeals for the Third Circuit · 2015
- Reuland v. HynesCourt of Appeals for the Second Circuit · 2006
- Locurto v. GiulianiCourt of Appeals for the Second Circuit · 2006
- Johnson v. County of NassauDistrict Court, E.D. New York · 2007
34 more not listed; retrieve them via the Exa API.