An employer could lawfully terminate an employee who used a racial slur on Facebook, the U.S. 6th Circuit Court of Appeals (whose rulings cover all Ohio employers) recently concluded after applying a test that balances a public employee’s First Amendment right to free speech against the employer’s interest in maintaining an effective workplace.
Danyelle Bennett worked as an emergency dispatcher for the Metropolitan Government of Nashville (Metro). Her Facebook profile identified her as an employee of the Metro Emergency Communications Center (ECC) and Police Department.
