344 Ga. App. 677
Ga. Ct. App.2018Background
- Murray-Obertein worked for the Georgia Government Transparency and Campaign Finance Commission from December 2011 to January 29, 2014.
- While employed she gave a deposition (Aug. 1, 2013) and later testified at trial (Feb. 17, 2014) in a case regarding Commission conduct; she settled her own claims on June 11, 2014.
- After her employment ended, the Commission’s Executive Secretary made derogatory statements to the media that Murray-Obertein alleges were retaliatory.
- Murray-Obertein did not allege any adverse employment actions during her employment period.
- The trial court granted summary judgment to the Commission on a narrowed question: whether the Georgia Whistleblower Act’s definition of “public employee” includes former employees; it did not reach whether Murray-Obertein made protected disclosures or whether the acts were retaliatory.
- The Court of Appeals affirmed, holding the statute’s plain language limits protection to persons who “is employed” (current employees), so post‑employment retaliation claims under the GWA fail for former employees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the GWA’s term “public employee” covers former employees subjected to post‑employment retaliation | Murray‑Obertein: GWA should protect persons who engaged in protected activity even if retaliation occurs after employment ends; Robinson v. Shell Oil shows former employees can be covered under analogous federal retaliation law | Commission: The statute expressly defines “public employee” as a person “who is employed,” using a present-tense temporal qualifier that limits protection to current employees; waiver of sovereign immunity must be narrowly construed | Held: “Public employee” under OCGA § 45‑1‑4(a)(3) means current employees; former-employee post‑employment retaliation claims do not fall within the GWA; Robinson is distinguishable because the Georgia statute uses present tense |
Key Cases Cited
- Tuohy v. City of Atlanta, 331 Ga. App. 846 (discussing de novo review of summary judgment)
- West v. City of Albany, 300 Ga. 743 (describing purpose and contours of the Georgia Whistleblower Act)
- Colon v. Fulton County, 294 Ga. 93 (discussing waiver of sovereign immunity under OCGA § 45‑1‑4)
- Robinson v. Shell Oil Co., 519 U.S. 337 (holding Title VII retaliation provision can cover former employees)
- Walters v. Metropolitan Ed. Enterprises, Inc., 519 U.S. 202 (contrast in statutory temporal qualifiers affecting “employee” scope)
- Deal v. Coleman, 294 Ga. 170 (statutory construction principles; give words their plain and ordinary meaning)
- Smith v. Ellis, 291 Ga. 566 (read statutory words in context)
- Albers v. Ga. Bd. of Regents, 330 Ga. App. 58 (elements required to establish a claim under the WBA)