When she saw a job posting for an administrative assistant at the University of Rhode Island near her home, Nicole Solas had all the qualifications, except one—she’s not a member of a labor union. But giving hiring preference to union members is unconstitutional, so the Goldwater Institute and its American Freedom Network of pro bono attorneys are taking the university to court to challenge its illegal policy.
The University of Rhode Island has a policy of giving “preferential consideration” to National Education Association Rhode Island union members in its hiring process. Under the policy, nonunion applicants are only considered for jobs if a position cannot be filled by a union member. That’s unconstitutional—conditioning public employment on union membership violates prospective employees’ First Amendment rights.
On Thursday, the Goldwater Institute and its American Freedom Network attorney Kevin McCaffrey filed a lawsuit against the university to vindicate Nicole’s First Amendment rights.
“Every Rhode Island resident should be treated equally in the hiring process for government jobs,” Nicole said. “I’m not a union member—I’ll never be a union member. This should have no bearing whatsoever on my employment prospects with a government agency because it is my absolute First Amendment right.”
The Supreme Court has made clear that government employers cannot condition employment on the payment of union dues. Doing so violates the First Amendment right of employees and prospective employees to freely associate. Conditioning employment on union membership—which is often a political association—restricts an individual’s right to choose not to associate with a union.
Despite clear precedent, the University of Rhode Island still enforces its unlawful policy favoring union members over nonmembers for employment.
This isn’t the first time that the University of Rhode Island has skirted the law. The university has also been conducting “Safe Zone” trainings at the taxpayers’ expense, and when asked to turn over the public records about the trainings, the university said they are a trade secret. Using an unrelated excuse like “trade secret” to keep the trainings hidden perpetuates a disturbing nationwide trend of public officials raising dubious defenses to shield the release of public information.
The Goldwater Institute will continue to stand up to government agencies and demand they follow the law. And with the help of our American Freedom Network of 1,000-plus volunteer attorneys coast-to-coast, Goldwater will hold government bureaucrats accountable wherever violations of Constitutional rights occur.
You can read the complaint here and check out our case page here.
The Goldwater Institute is the nation’s preeminent liberty organization, scoring real wins for freedom from coast to coast. We’re committed to empowering all Americans to live freer, happier lives, and we accomplish tangible results for liberty by working in state courts, legislatures, and communities nationwide to advance, defend, and strengthen the freedom guaranteed by the constitutions of the United States and the fifty states.
