67 Seconds of Porn . . . You’re Fired!


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by Ben Kerschberg

In Zellner v. Herrick (7th Cir. Apr. 29, 2011), the U.S. Court of Appeals for the Seventh Circuit held that a school teacher’s Google Images search designed to satisfy his prurient interests was enough to give the School Board a “legitimate, non-discriminatory reason to terminate [his] employment.” In a 16-page opinion that contains 12-1/2 pages of facts, the court considered whether previous tension caused by his union activities, which were critical of the school district’s Superintendent, were the real but-for cause of his termination. The court found that they were not.
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