NOTE FROM ROBIN: This is the second and final installment in a series on the law regarding patronage dismissals in public sector employment by Damon Kitchen, head of our public sector industry group.

In last week's installment, I provided an introduction to the issue of patronage dismissals in the public sector, and a discussion of the Supreme Court's Elrod (1976) and ...

We have reached the fifth and final of our five harassment "must-haves": No retaliation.

It should be easy to avoid retaliation, right? Because retaliatory conduct is intentional - you can't "accidentally" retaliate against someone. You can't "negligently" seek payback.

To retaliate, you have to work at it.

Of course, that would make life way too simple. Employers can ...