Firefighter's fiery comments are protected speech

The 6th Circuit recently allowed a firefighter's First Amendment retaliation claim to proceed to trial but dismissed his religious discrimination claim. Let's take a look.

Facts

Peter Hudson worked as a firefighter for the Highland Park Fire Department and was outspoken about his Christian faith. He criticized other firefighters for conduct he felt was immoral, including watching pornography and having extramarital affairs. They responded by criticizing his faith and questioning his sexual orientation.

In 2015, Hudson's supervisor discovered he overreported his hours. Hudson claimed any misreporting was a mistake. He was suspended pending an investigation and sought help from his union, which filed a grievance that was denied.

A "Step 2" meeting was held, during which the city claimed Hudson "double dipped" by reporting that he worked the same shift for two different employers. The union advised him not to incriminate himself. He took their advice and was fired then and there. A new grievance was filed related to the termination, and it advanced to arbitration. The arbitration never occurred, however, following changes in union leadership.

Hudson sued the city, the fire chief, and the city's HR director, alleging First Amendment retaliation, due process violations, and religious discrimination under Title VII of the Civil Rights Act of 1964. The district court dismissed all of his claims, and he appealed the decision to the 6th Circuit.

Court's ruling