RODRIGUEZ v. MARICOPA CTY. COMMUNITY COLLEGE DIST.

No. 08-16073.

605 F.3d 703 (2010)

David M. RODRIGUEZ; Judy Gonzales Poggi; Jose Mendoza; Frank Rivera; Mario Quezada; Esther Anaya-Garcia, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT; The Governing Board of The Maricopa County Community College District, Defendants, and Rufus Glasper; Phillip Randolph, in their official and individual capacities, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed May 20, 2010.


Attorney(s) appearing for the Case

Richard S. Cohen, Troy P. Foster and Justin S. Pierce, Ford & Harrison LLP, Phoenix, AZ, for the defendants-appellants.

David G. Hinojosa, Nina Perales, Diego Bernal and Thomas A. Saenz, Mexican American Legal Defense and Educational Fund (MALDEF), San Antonio, TX; and David G. Gomez and Michael J. Petitti, Gomez & Petitti, Phoenix, AZ, for the plaintiffs-appellees.

Before: SANDRA DAY O'CONNOR, Associate Justice, ALEX KOZINSKI, Chief Judge, and SANDRA S. IKUTA, Circuit Judge.


KOZINSKI, Chief Judge:

We consider the interplay between the First Amendment and the right to be free of workplace harassment on the basis of protected status.

Facts

Professor Walter Kehowski sent three racially-charged emails over a distribution list maintained by the Maricopa County Community College District, where he teaches math. Every district employee with an email address received a copy. Plaintiffs, a certified class of the district's Hispanic...

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