Buddenberg v. Weisdack, No. 18-3674 (6th Cir. 2019)
Annotate this CaseBuddenberg, formerly the County Health District fiscal coordinator, learned that the District had obtained a state grant for tire removal, and, without competitive bids, District workers took on the work. Buddenberg also reported an apparently sex-based pay disparity between District employees. In reporting these issues to the Board of Health, she also voiced other concerns about unethical conduct by a supervisor, such as accepting gifts from contractors to whom the District issued permits, failing to enforce attendance and break policies, failing to honor the reference-check policy for new hires, and disregarding the health and safety recommendations. Buddenberg wrote multiple emails to Board members and to the Board’s attorney, describing Weisdack’s subsequent retaliation. The Board failed to intervene. After receiving notice of Buddenberg’s EEOC filing, her supervisor issued a “Notice of Proposed Disciplinary Action.” Attorney Budzik offered to settle the disciplinary charges if Buddenberg would accept a demotion and a salary reduction of nearly $1,000 per month, and drop all her claims. Demoted, Buddenberg found the work environment intolerable and resigned. She sued, alleging Title VII, Fair Labor Standards Act, and First Amendment retaliation, 42 U.S.C. 2000, 29 U.S.C. 215(a)(3)), 42 U.S.C. 1983. On interlocutory appeal, the Sixth Circuit affirmed the denial of a motion to dismiss based on qualified immunity. Accepting Buddenberg’s factual allegations, she has plausibly alleged violations of her clearly established First Amendment rights. Buddenberg’s speech was not within her ordinary job responsibilities and was constitutionally protected.
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