For public employees who suffer harassment and other retaliation by government officials for what they say or write, a recent opinion of the Second Circuit Court of Appeals should provide more redress for the victims of abusive bureaucrats. In Sousa v. Roque, the Second Circuit clarified a prong of First Amendment law that has long muddled the jurisprudence and produced inconsistent outcomes in the district courts.

Bryan Sousa, a former engineer with Connecticut’s Department of Environmental Protection, allegedly suffered a series of retaliatory adverse actions by DEP officials after he raised issues concerning workplace violence policies, and complained of a hostile work environment and a DEP culture characterized by “reverse” discrimination and “mobbing.” (“Mobbing” is a term used to describe sustained abuse by employees who gang up on a co-worker, often because they sense he or she is disliked by management.)

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