Police Sergeant Engaged in Protected Activity when Complaining About Gender Inequality
2 min read
Mar 12, 2013
Last month we reported to you the case of a public school principal whose First Amendment and retaliation claims were stricken by the Court due to the fact that she was not speaking as a private citizen, and thus, her speech was not protected. On the other side of the coin, here, the Third Circuit finds that a triable claim exists where a public employee articulates complaints of sex discrimination in the police force, because such speech implicates matters of public concern.
In Montone v. City of Jersey City, Nos. 11-2990 and 11-3516 (3rd Cit., March 8, 2013), current and former sergeants of the police department who were not promoted from the rank of sergeant to lieutenant during the tenure of the police chief and the mayor due to one of the sergeant’s support of another mayoral candidate. The sergeants claim that they passed the civil service examination required to be promoted, were ranked such that they should have been promoted, and that their promotions were recommended by others, but that they were not because the police chief was penalizing them for the one sergeant supporting the opposing mayoral candidate. The police department denied these allegations, claiming that the lack of promotions was due to budgetary cuts and organizational decisions. The sergeants filed suit against the city, the police department, the police chief, and the mayor claiming that they were retaliated against and discriminated against in violation of their First Amendment rights, 42 U.S.C. §1983, and New Jersey state law. The district court entered summary judgment in favor of the employer on the free speech and political affiliation claims and the sergeants appealed.
The Third Circuit Court of Appeals vacated the district court’s judgment. The district court had found that the female sergeant’s free speech claim failed because she was not speaking of a matter of public concern. The Court of Appeals disagreed, finding complaints of gender inequality in the workplace dating back to the 1990s necessarily implicates a matter of public concern, as did the sergeant’s report of sexual harassment against another female employee. Thus, the Court concluded, the sergeant was engaged in protected activity because her speech involved a matter of public concern. The sergeant would then have to prove at trial that she was acting as a citizen when she made these complaints and that her speech was a substantial or motivating factor in her non-promotion.
Featured Insights

Event
Mar 3 – 5, 2026
25th Annual Legal Malpractice & Risk Management (LMRM) Conference

Press Release
Feb 13, 2026
Hinshaw Team Wins Appeal in Criminal Indictment of Waukegan City Clerk Janet Kilkelly

Press Release
Feb 10, 2026
Hinshaw Trial Team Secures $0 Defense Verdict in $15 Million Auto Accident Trial

Press Release
Feb 4, 2026
Hinshaw Celebrates 17 Consecutive Years of Being Named an Equality 100 Award Winner

Press Release
Feb 5, 2026
Hinshaw Legal Team Secures Directed Verdict in Florida Equine Fraud Case

Press Release
Feb 2, 2026
Hinshaw Welcomes 16 Attorneys in Seven Offices and Announces Opening of a Cleveland Office

Press Release
Jan 20, 2026
Hinshaw Attorneys Named to the LCLD 2026 Fellowship Class and 2026 Pathfinder Program

Press Release
Jan 15, 2026
Hinshaw Client Secures a Complete Jury Verdict in Fraudulent Misrepresentation Horse Sale Case

Press Release
Jan 6, 2026
Hinshaw Adds Four-Member Consumer Financial Services Team in DC and Florida



