Joseph LOCURTO, Jonathan Walters, and Robert Steiner, Plaintiffs-Appellees,
v.
Rudolph GIULIANI, Mayor of the City of New York, Howard Safir, Commissioner of the New York City Police Department, The City of New York, and Thomas Von Essen, Commissioner of the New York City Fire Department, Defendants-Appellants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: December 16, 2005.
Decided: April 27, 2006.
Attorney(s) appearing for the Case
Christopher Dunn (Arthur Eisenberg, of counsel), New York Civil Liberties Union, New York, N.Y., for Plaintiff-Appellee Joseph Locurto.
Michael N. Block, Sullivan Papain Block McGrath & Cannavo, P.C., New York, N.Y., for Plaintiff-Appellee Jonathan Walters.
Robert Didio, Kew Gardens, N.Y., for Plaintiff-Appellee Robert Steiner.
Elizabeth I. Freedman, Assistant Corporation Counsel (Francis F. Caputo, Jonathan Pines, and Michael A. Cardozo, Corporation Counsel of the City of New York, of counsel), New York, N.Y., for Defendants-Appellants.
Mitchell A. Karlan (David L. Kerstein, Farrah L. Pepper, and Matthew S. Kahn, of counsel), Gibson Dunn & Crutcher LLP, New York, N.Y., for Amici Curiae The Lawyers' Committee for Civil Rights Under Law (John C. Brittain, Michael L. Foreman, and Nicole J. DeSario, Washington, D.C., of counsel), The National Black Police Association, The National Association of Black Law Enforcement Officers, The National Association for the Advancement of Colored People (Angela Ciccolo and Victor Goode, of counsel), The International Association of Black Professional Fire Fighters, and The National Asian Pacific American Legal Consortium (Vincent Eng, of counsel).
Before: OAKES, CALABRESI, and WESLEY, Circuit Judges.
United States Court of Appeals, Second Circuit.
CALABRESI, Circuit Judge.
The Government as employer bears a special burden. Absent contrary legislation, a private employer may regulate the workplace environment, and hire, fire, and promote as it pleases. The Government enjoys no such freedom. As the Supreme Court has said, "the state and federal governments, even in the exercise of their internal operations, do not constitutionally have the complete freedom of action enjoyed by a private employer." Cafeteria...
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