In a significant decision favorable to employers, Schumann v. Dianon (SC 18655, May 1, 2012), the Connecticut Supreme Court ruled in an appellate issue of first impression that private sector employees are not entitled to First Amendment free speech protection when speaking about job-related matters in the course of their employment duties resulting in adverse employment actions or termination of their employment a rule previously applied to public sector employees in Connecticut.
The defendant, Dianon Systems Inc., is a medical testing laboratory performing biological diagnostic tests ordered by physicians to detect forms of cancer and other abnormalities, and it generates reports with the test results and diagnosis. The plaintiff, Dr. G. Berry Schumann, a laboratory doctor and pathologist, told his supervisor that he thought certain diagnostic language used in the reports would confuse physicians and thereby harm patients. Therefore, he refused to use the diagnostic terms. He was terminated for his refusal to use the diagnostic terms and for disciplinary issues related to his unexcused absences from work. He sued, alleging wrongful termination in violation of Connecticut General Statutes § 31-51q, which protects private sector and public sector employees against discipline or discharge for exercising their First Amendment free speech rights in the workplace speaking about matters of public concern and motivated by the employee’s desire to speak out as a citizen, and not as an employee.
