With Independence Day nearly upon us (and with many offices on skeleton crews this week), I thought I would take a very brief look back at a case that has particular relevance to the Grand Old Flag and displays of patriotism in the workplace. If you’ve never read about Cotto v. United Technologies Corp., you should. It’s a long-forgotten Connecticut Supreme Court case from 1999 that is a cornerstone opinion in the area of free speech in the private workplace. The basic facts are as follows: The plaintiff was employed on a full-time basis by the defendant for approximately twelve years. In April 1991, the employer distributed American flags to employees in the plaintiff’s department and it was expected that all employees would display American flags at their workstations. The plaintiff declined to display the American flag and further gave his opinion on the propriety of coercing or exerting pressure on employees to display the American flag. After a suspension, he was ...
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