Callaway v. Hafeman, 832 F.2d 414 (7th Cir. 1987). · Go Syfert
Callaway v. Hafeman, 832 F.2d 414 (7th Cir. 1987). Cases Citing This Book View Copy Cite
141 citation events (17 in the last 25 years) across 33 distinct courts.
Strongest positive: Lander v. Summit County School District (ca10, 2004-08-13) · Strongest negative: Sue M. Belk v. Town of Minocqua (ca7, 1988-09-27)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" Sue M. Belk v. Town of Minocqua
7th Cir. · 1988 · signal: but cf. · confidence high
But cf. Hesse, 848 F.2d at 752 (quoting Callaway v. Hafeman, 832 F.2d 414, 417 (7th Cir.1987) and Linhart v. Glatfelter, 771 F.2d 1004, 1010 (7th Cir.1985) (Connick “requires us to look at the point of the speech in question: Was it the employee’s point to bring wrongdoing to light?
discussed Cited "but see" Rode v. Dellarciprete
3rd Cir. · 1988 · signal: but see · confidence high
But see Callaway v. Hafeman, et al., 832 F.2d 414 (7th Cir.1987), which we believe is distinguishable on its facts. 31 The content, form, and context of Rode's comments reveal that she was speaking on a matter of public concern.
cited Cited "but see" Rode v. Dellarciprete
3rd Cir. · 1988 · signal: but see · confidence high
But see Callaway v. Hafeman, et al., 832 F.2d 414 (7th Cir.1987), which we believe is distinguishable on its facts.
examined Cited as authority (verbatim quote) Lander v. Summit County School District (2×) also: Cited "see, e.g."
10th Cir. · 2004 · signal: see also · quote attribution · 1 verbatim quote · confidence high
while the content of communications touched upon an issue of public concern generally . . . such speech stands unprotected from employer scrutiny when uttered in the pursuit of purely private interests
discussed Cited as authority (verbatim quote) Kokkinis v. Ivkovich (2×) also: Cited as authority (rule)
7th Cir. · 1999 · quote attribution · 1 verbatim quote · confidence high
t is undoubtedly true that incidences of sexual harassment in a public school district are inherently matters of public concern . . . .
examined Cited as authority (verbatim quote) Azzaro v. Allegheny (3×) also: Cited as authority (rule)
3rd Cir. · 1996 · quote attribution · 1 verbatim quote · confidence high
we agree with the district court that "n this case, the context and form of the speech leads to the inescapable conclusion that . . . concern was personal, not public.
examined Cited as authority (verbatim quote) O'Connor v. Steevs
1st Cir. · 1993 · signal: see also · quote attribution · 1 verbatim quote · confidence high
while the content of communications touched upon an issue of public concern generally. . . . such speech stands unprotected from employer scrutiny when uttered in the pursuit of purely private interests
examined Cited as authority (verbatim quote) O'Connor v. Steevs
1st Cir. · 1993 · signal: see also · quote attribution · 1 verbatim quote · confidence high
while the content of communications touched upon an issue of public concern generally. . . . such speech stands unprotected from employer scrutiny when uttered in the pursuit of purely private interests
examined Cited as authority (rule) Stephanie Ybarra v. The Board of County Commissioners, Custer County, Tom Flower, and Kelly Camper (3×)
D. Colo. · 2026 · confidence medium
Callaway v. Hafeman, 832 F.2d 414, 417 (7th Cir. 1987); see Patrick v. Miller, 953 F.2d 1240, 1247 (10th Cir. 1992) (finding comments about discrimination of public concern because plaintiff “was speaking in support of other employees” rather than “addressing . . . practices which affected him directly”).
cited Cited as authority (rule) Bivens v. Trent
7th Cir. · 2010 · confidence medium
Or was the point to further some purely private interest?’ ” Kokkinis, 185 F.3d at 844 (quoting Callaway v. Hafeman, 832 F.2d 414, 417 (7th Cir.1987)).
cited Cited as authority (rule) Jimmy Bivens v. Larry Trent
7th Cir. · 2010 · confidence medium
Or was the point to further some purely private interest?’ ” Kokkinis, 185 F.3d at 844 (quoting Callaway v. Hafeman, 832 F.2d 414, 417 (7th Cir. 1987)).
cited Cited as authority (rule) Owens v. Ragland
W.D. Wis. · 2004 · confidence medium
Johnson v. University of Wisconsin —Eau Claire, 70 F.3d 469, 482 (7th Cir.1995); Gray v. Lacke, 885 F.2d 399, 411 (7th Cir.1989); Callaway v. Hafeman, 832 F.2d 414, 417 (7th Cir.1987).
discussed Cited as authority (rule) Richard Ceballos v. Gil Garcetti Frank Sundstedt Carol Najera County of Los Angeles (2×)
9th Cir. · 2004 · confidence medium
Or was the point to further some purely private interest?” Roth, 856 F.2d at 1405 (quoting Callaway v. Hafeman, 832 F.2d 414, 417 (7th Cir.1987)) (quoting Linhart v. Glatfelter, 771 F.2d 1004, 1010 (7th Cir.1985)).
cited Cited as authority (rule) Turner v. Housing Authority of Jefferson County
S.D. Ill. · 2002 · confidence medium
Or was the point to further some purely private interest?’ ” Callaway v. Hafeman, 832 F.2d 414, 417 (7th Cir.1987) (quoting Linhart v. Glatfelter, 771 F.2d 1004, 1010 (7th Cir.1985)).
examined Cited as authority (rule) Black v. Columbus Public Schools (3×) also: Cited "see"
S.D. Ohio · 2000 · confidence medium
For example, in Callaway, 832 F.2d at 415, a pubhc school district affirmative action officer alleged sexual harassment by her supervisor.
discussed Cited as authority (rule) Cole v. St. Joseph County
N.D. Ind. · 2000 · confidence medium
Or was the point to further some purely private interest?” Linhart v. Glatfelter, 771 F.2d 1004, 1010 (7th Cir.1985); see also Marshall v. Allen, 984 F.2d 787, 795 (7th Cir.1993); Callaway v. Hafeman, 832 F.2d 414, 417 (7th Cir.1987).
discussed Cited as authority (rule) Cleaves v. City of Chicago
N.D. Ill. · 1999 · confidence medium
Since Mr. Cleaves’ speech addressed itself to sexual harassment and not merely to remedy a personal problem, contrast Callaway v. Hafeman, 832 F.2d 414, 417 (7th Cir.1987), he passes the first hurdle.
discussed Cited as authority (rule) Bevill v. UAB Walker College (2×)
N.D. Ala. · 1999 · confidence medium
Id. at 794 (quoting Callaway v. Hafeman, 832 F.2d 414, 417 (7th Cir.1987)) (“[T]he Con-nick test requires us to look at the point of the speech in question: was it the employee’s point to bring wrongdoing to light?
discussed Cited as authority (rule) Daley v. Aetna Life & Casualty Co.
Conn. · 1999 · confidence medium
Conway v. Smith, 853 F.2d 789 , 796 (10th Cir. 1988) . . . see also Callaway v. Hafeman, 832 F.2d 414, 417 (7th Cir. 1987) (while the content of [the plaintiffs] communications touched upon an issue of public concern generally . . . such speech stands unprotected from employer scrutiny when uttered in the pursuit of purely private interests); Terrell v. University of Texas System Police, 792 F.2d 1360, 1362 (5th Cir. 1986), cert. denied, 479 U.S. 1064 , 107 S. Ct. 948 , 93 L.
discussed Cited as authority (rule) Kokkinis v. Ivkovich (2×)
7th Cir. · 1999 · confidence medium
Or was the point to further some purely private interest?” Callaway v. Hafeman, 832 F.2d 414, 417 (7th Cir.1987) (quoting Linhart v. Glatfelter, 771 F.2d 1004, 1010 (7th Cir.1985)) (internal quotation marks omitted).
discussed Cited as authority (rule) Rice-Lamar v. City of Fort Lauderdale
S.D. Fla. · 1998 · confidence medium
See Deremo, 939 F.2d at 912 (employees’ request for compensation for remaining silent about sexual harassment did not constitute a matter of public concern); Callaway v. Hafeman, 832 F.2d 414, 417 (7th Cir.1987) (employee’s private complaints of sexual harassment were not matter of public concern); see also Marshall v. Allen, 984 F.2d 787, 796 (7th Cir.1993) (male co-worker’s verbal support for victims of sexual harassment constituted speech touching upon a public concern).
discussed Cited as authority (rule) Winik-Nystrup v. Manufacturers Life Insurance (2×) also: Cited "see"
D. Conn. · 1998 · confidence medium
Or was the point to further some purely private interest?” Id. at 417; cf. Rode v. Dellarciprete, 845 F.2d 1195, 1200-02 (3d Cir.1988) (holding protected an employee’s speech to reporter in an interview regarding a pattern and practice of racial animus in employment practices).
discussed Cited as authority (rule) Verri v. Nanna
S.D.N.Y. · 1997 · confidence medium
It explained that the court should focus on the “motive of the speaker” and determine whether the employee’s “point” was to “bring wrongdoing to light or to raise other issues of public concern because they are issues of public concern,” or to “further some purely private interest.” Id., (citing Callaway v. Hafeman, 832 F.2d 414, 417 (7th Cir.1987)); Linhart v. Glatfelter, 771 F.2d 1004, 1010 (7th Cir.1985). *786 Both the context and the content of Verri’s writings reveal that they do not implicate any public concern.
discussed Cited as authority (rule) Beverly A. Azzaro v. County of Allegheny Tom Foerster, an Individual and Chairman, Allegheny County Commissioners and Wayne Fusaro, Beverly Azzaro (2×)
3rd Cir. · 1997 · confidence medium
Under this view, “oral statements [about sexual harassment] intended to be confidential” and to lead to the internal resolution of a problem without “public controversy” are not speech on a matter of public concern even though “incidences of sexual harassment in a public [institution] are inherently matters of public concern'....” Callaway v. Hafeman, 832 F.2d 414, 417 (7th Cir.1987).
discussed Cited as authority (rule) Azzaro v. Allegheny
3rd Cir. · 1997 · confidence medium
Under this view, "oral statements [about sexual harassment] intended to be confidential" and to lead to the internal resolution of a problem without "public controversy" are not speech on a matter of public concern even though "incidences of sexual harassment in a public [institution] are inherently matters of public concern . . . ." Callaway v. Hafeman, 832 F.2d 414, 417 (7th Cir. 1987).
discussed Cited as authority (rule) Mitchell v. Coffey County Hospital
D. Kan. · 1995 · confidence medium
See, e.g., Thomson v. Scheid, 977 F.2d 1017, 1021 (6th Cir.1992), cert. denied, - U.S. -, 113 S.Ct. 2341 , 124 L.Ed.2d 251 (1993) (conversations of employee with supervisors about filing complaint against County Commissioner involved only matters of internal department policy and did not touch upon public concern; likewise, statements to Agent of the Office of Inspector General were not protected speech because approved of the contacts and therefore employee was only acting in the course of his employment); Koch, 847 F.2d at 1447 (speech of fire marshal in official report weighs against findin…
discussed Cited as authority (rule) Rojicek v. Community Consolidated School District 15
N.D. Ill. · 1995 · confidence medium
In other words, “even if an issue is one of public concern in a general sense ... still we must ask whether the speaker raised the issue because it is a matter of public concern or whether, instead, the issue was raised to ‘further some purely private interest.’ ” Hartman v. Board of Trustees of Community College District 508, 4 F.3d 465, 471 (7th Cir.1993), citing Callaway v. Hafeman, 832 F.2d 414, 417 (7th Cir.1987).
examined Cited as authority (rule) Johnnie M. Cliff v. Board of School Commissioners of the City of Indianapolis, Indiana, Mary Busch, Donald Payton (3×)
7th Cir. · 1995 · confidence medium
Connick, 461 U.S. at 146 , 103 S.Ct. at 1689-90 ; Belk v. Town of Minocqua, 858 F.2d 1258, 1262 (7th Cir.1988); Callaway v. Hafeman, 832 F.2d 414, 416 (7th Cir.1987).
discussed Cited as authority (rule) Kathryn M. Zorzi v. County of Putnam, Philip H. Hansen, Former Sheriff of Putnam County, Donald Maggi, Sheriff of Putnam County
7th Cir. · 1994 · confidence medium
Smith v. Fruin, 28 F.3d 646, 651 (7th Cir.1994); Callaway v. Hafeman, 832 F.2d 414, 417 (7th Cir.1987); Berg, 854 F.2d at 242 ; Marshall, 984 F.2d at 795 ; Linhart v. Glatfelter, 771 F.2d 1004, 1010 (7th Cir.1985) (“ ‘was it the employee’s point to bring wrongdoing to light?
discussed Cited as authority (rule) John S. Smith v. James Fruin, Robert Biebel, Stephen Kuhn, and William Murray
7th Cir. · 1994 · confidence medium
No. 211, 848 F.2d 748, 752 (7th Cir.1988), cert. denied, 489 U.S. 1015 , 109 S.Ct. 1128 , 103 L.Ed.2d 190 (1989); Callaway v. Hafeman, 832 F.2d 414, 417 (7th Cir.1987); but see Belk v. Town of Minocqua, 858 F.2d 1258, 1263-64 (7th Cir.1988) (if content of speech is of public concern, employee’s personal motivation to speak does not defeat finding that speech is protected).
discussed Cited as authority (rule) Morgan v. Ford
11th Cir. · 1993 · confidence medium
See Deremo, 939 F.2d at 912 (employees’ request for compensation for remaining silent about sexual harassment did not constitute a matter of public concern); Callaway v. Hafeman, 832 F.2d 414, 417 (7th Cir.1987) (employee’s private complaints of sexual harassment were not matter of public con cern); see also Marshall v. Allen, 984 F.2d 787, 796 (7th Cir.1993) (male co-worker’s verbal support for victims of sexual harassment constituted speech touching upon a public concern).
discussed Cited as authority (rule) Morgan v. Ford
11th Cir. · 1993 · confidence medium
SeeDeremo, 939 F.2d at 912 (employees' request for compensation for remaining silent about sexual harassment did not constitute a matter of public concern); Callaway v. Hafeman, 832 F.2d 414, 417 (7th Cir.1987) (employee's private complaints of sexual harassment were not matter of public concern); see alsoMarshall v. Allen, 984 F.2d 787, 796 (7th Cir.1993) (male co-worker's verbal support for victims of sexual harassment constituted speech touching upon a public concern). 23 In the case at hand, Morgan's speech largely focused upon how Ford behaved toward her and how that conduct affected her …
discussed Cited as authority (rule) Hermene Hartman v. The Board of Trustees of Community College District No. 508, Cook County, Illinois Reynaldo Glover and Nelvia Brady (2×) also: Cited "see"
7th Cir. · 1993 · confidence medium
Thus, even if an issue is one of public concern in a general sense, as sexual harassment surely is, still we must ask whether the speaker raised the issue because it is matter of public concern or whether, instead, the issue was raised to “further some purely private interest.” Callaway v. Hafeman, 832 F.2d 414, 417 (7th Cir.1987). 5 When the speaker’s motives are mixed, as often they are, the speech will not be found to raise a matter of public *472 concern if “the overriding reason for the speech,” as determined by its content, form, and context, appears to have been related to the…
examined Cited as authority (rule) Cornelius Marshall v. Wilbert Allen, Richard Anderson, and Anthony J. Fusco, Jr. (3×) also: Cited "see"
7th Cir. · 1993 · confidence medium
Or was the point to further some purely private interest?’” Callaway v. Hafeman, 832 F.2d 414, 417 (7th Cir.1987) (quoting Linhart v. Glatfelter, 771 F.2d 1004, 1010 (7th Cir.1985) (emphasis in original). 5 We believe that it was clearly established in June 1988 that Mr. Marshall’s alleged speech and conduct dealt with a matter of public concern.
cited Cited as authority (rule) Mark Berndt v. Ernest A. Jacobi, Chief of Police
7th Cir. · 1992 · confidence medium
Yatvin, 840 F.2d at 419 ; Callaway v. Hafeman, 832 F.2d 414, 417 (7th Cir.1987).
cited Cited as authority (rule) Kenneth D. Colburn, Jr. And Robert M. Khoury v. Trustees of Indiana University, Glenn W. Irwin, Jr., Howard G. Schaller
7th Cir. · 1992 · confidence medium
Hesse v. Board of Education, 848 *587 F.2d 748, 752 (7th Cir.1988), cert. denied, 489 U.S. 1015 , 109 S.Ct. 1128 , 103 L.Ed.2d 190 (1989); Callaway v. Hafeman, 832 F.2d 414, 417 (7th Cir.1987).
cited Cited as authority (rule) Sharpe v. Long
D.S.C. · 1992 · confidence medium
Callaway v. Hafeman, 832 F.2d 414, 416 (7th Cir.1987).
discussed Cited as authority (rule) Hicks v. City of Watonga
10th Cir. · 1991 · confidence medium
See also McEvoy v. Shoemaker, 882 F.2d 463, 466 (10th Cir.1989) (“in analyzing whether speech constitutes a matter of public concern, the focus is on the motive of the speaker”); Callaway v. Hafeman, 832 F.2d 414, 417 (7th Cir.1987) (was employee’s point to bring wrongdoing to light, or was the point to further some purely private interest?).
discussed Cited as authority (rule) Hicks v. City Of Watonga
10th Cir. · 1991 · confidence medium
See also McEvoy v. Shoemaker, 882 F.2d 463, 466 (10th Cir.1989) ("in analyzing whether speech constitutes a matter of public concern, the focus is on the motive of the speaker"); Callaway v. Hafeman, 832 F.2d 414, 417 (7th Cir.1987) (was employee's point to bring wrongdoing to light, or was the point to further some purely private interest?).
discussed Cited as authority (rule) Donald G. Breuer v. Terry Hart, Sheriff of Warren County
7th Cir. · 1990 · confidence medium
Barkoo v. Melby, 901 F.2d 613, 618, 620 (1990); Vukadinovich v. Bartels, 853 F.2d 1387, 1390-1391 (1988); Callaway v. Hafeman, 832 F.2d 414, 417 (1987); Linhart v. Glatfelter, 771 F.2d 1004, 1010 (1985).
cited Cited as authority (rule) Sweeney v. Board of Education of Mundelein Consolidated High School District 120
N.D. Ill. · 1990 · confidence medium
Or was the point to further some purely private interest?’ ” Callaway v. Hafeman, 832 F.2d 414, 417 (7th Cir.1987) (quoting Linhart v. Glatfelter, 771 F.2d 1004, 1010 (7th Cir.1985)).
cited Cited as authority (rule) Amy Barkoo v. Brian Melby, Individually and in His Capacity as Communications Coordinator of the Village of Skokie
7th Cir. · 1990 · confidence medium
As this court put it in Callaway v. Hafeman, 832 F.2d 414, 416 (7th Cir.1987), “we will not become entangled in every employment dispute merely because allegations involving free speech arise.
discussed Cited as authority (rule) Hullman v. Board of Trustees of Pratt Community College
D. Kan. · 1989 · confidence medium
“Was the employee’s point to bring wrongdoing to light or to raise other issues of public concern because they are of public concern, or was the point to further some purely private interest?” McEvoy, 882 F.2d at 466 (citing Callaway v. Hafeman, 832 F.2d 414, 417 (7th Cir.1987)).
discussed Cited as authority (rule) 50 Fair empl.prac.cas. 1575, 51 Empl. Prac. Dec. P 39,360 Cheryll Gray, F/k/a Cheryll Lengyel v. Jerome Lacke, Stanley Klein, David Niemann, and Diane Kohn (2×) also: Cited "see"
7th Cir. · 1989 · confidence medium
Although sexual harassment may inherently be a matter of public concern, see Callaway v. Hafeman, 832 F.2d 414, 417 (7th Cir.1987), our court has repeatedly held that we must look to the point of the speech to see if the plaintiff addressed a matter of public or private concern, see Vukadinovich, 853 F.2d at 1390 ; Linhart v. Glatfelter, 771 F.2d 1004, 1010 (7th Cir.1985).
discussed Cited as authority (rule) Gray v. Lacke (2×) also: Cited "see"
7th Cir. · 1989 · confidence medium
Although sexual harassment may inherently be a matter of public concern, see Callaway v. Hafeman, 832 F.2d 414, 417 (7th Cir.1987), our court has repeatedly held that we must look to the point of the speech to see if the plaintiff addressed a matter of public or private concern, see Vukadinovich, 853 F.2d at 1390 ; Linhart v. Glatfelter, 771 F.2d 1004, 1010 (7th Cir.1985).
cited Cited as authority (rule) Landstrom v. Illinois Department of Children & Family Services
N.D. Ill. · 1988 · confidence medium
This statement of the operative law remains valid today: It was quoted verbatim in Callaway v. Hafeman, 832 F.2d 414, 417 (7th Cir.1987). 21 .
discussed Cited as authority (rule) Kurtz v. Vickrey
11th Cir. · 1988 · confidence medium
See Connick, 461 U.S. at 147 , 103 S.Ct. at 1690 ; Callaway v. Hafeman, 832 F.2d 414, 417 (7th Cir.1987); Terrell v. University of Texas System Police, 792 F.2d 1360, 1362 (5th Cir.1986), cert. denied, 479 U.S. 1064 , 107 S.Ct. 948 , 93 L.Ed.2d 997 (1987).
discussed Cited as authority (rule) Kurtz v. Vickrey
11th Cir. · 1988 · confidence medium
See Connick, 461 U.S. at 147 , 103 S.Ct. at 1690 ; Callaway v. Hafeman, 832 F.2d 414, 417 (7th Cir.1987); Terrell v. University of Texas System Police, 792 F.2d 1360, 1362 (5th Cir.1986), cert. denied, 479 U.S. 1064 , 107 S.Ct. 948 , 93 L.Ed.2d 997 (1987).
cited Cited as authority (rule) Joyce A. Phares v. Borje Gustafsson
7th Cir. · 1988 · confidence medium
Accord Hesse v. Bd. of Educ., 848 F.2d 748 , 752 (7th Cir.1988); Callaway v. Hafeman, 832 F.2d 414, 417 (7th Cir.1987).
discussed Cited as authority (rule) Hesse v. Board Of Education Of Township High School District No. 211 (2×) also: Cited "see, e.g."
7th Cir. · 1988 · confidence medium
Or was the point to further some purely private interest?' " Callaway v. Hafeman, 832 F.2d 414, 417 (7th Cir.1987) (quoting Linhart v. Glatfelter, 771 F.2d 1004, 1010 (7th Cir.1985)).
Retrieving the full opinion text from the archive…
Franzetta Callaway
v.
Donald Hafeman, Clarence Sherrod, Herman Moody, Jr., Kwame Salter, Barbara Arnold, Anne Arnesen, Richard Berg, Nicki Smith, Nancy Brien and Madison Metropolitan School District, Defendants
Cited by 22 opinions  |  Published

832 F.2d 414

45 Fair Empl.Prac.Cas. 154,
45 Empl. Prac. Dec. P 37,716, 56 USLW 2266,
42 Ed. Law Rep. 723,
2 Indiv.Empl.Rts.Cas. 1093

Franzetta CALLAWAY, Plaintiff-Appellant,
v.
Donald HAFEMAN, Clarence Sherrod, Herman Moody, Jr., Kwame
Salter, Barbara Arnold, Anne Arnesen, Richard
Berg, Nicki Smith, Nancy Brien and
Madison Metropolitan School
District,
Defendants-
Appellees.

No. 86-2324.

United States Court of Appeals,
Seventh Circuit.

Argued April 10, 1987.
Decided Oct. 27, 1987.

Daphne Webb, Stafford, Rosenbaum, Rieser & Hansen, Madison, Wis., for plaintiff-appellant.

Bruce M. Davey, Lawton & Cates, S.C., Steven J. Schooler, Brynelson, Herrick Bucaida, Dorschell & Armstrong, Madison, Wis., for defendants-appellees.

Before BAUER, Chief Judge, and POSNER and EASTERBROOK, Circuit Judges.

BAUER, Chief Judge.

[*~414]1

The plaintiff-appellant, Franzetta Callaway, appeals the district court's dismissal of her first amendment complaint on the defendants' motions for summary judgment, 628 F.Supp. 1478. For the reasons that follow, we affirm the district court's order granting the defendants' motions.

I.

2

Until July 1, 1985, plaintiff Franzetta Callaway served the Madison (Wisconsin) Metropolitan School District as an Affirmative Action Officer and as a Human Relations Coordinator.[1] In the latter capacity, her supervisor was defendant Herman Moody, Jr., who was the Human Relations Director for the School District. In her capacity as an affirmative action officer, plaintiff reported directly to the School District's superintendent, defendant Donald Hafeman. Plaintiff had held these positions since her initial hiring in November, 1980. Moody assumed his responsibilities as Human Relations Director in July, 1983, although he had previously held other positions with the School District.

3

Beginning in January, 1983, and intensifying after July 1, 1983, Moody allegedly engaged in sexual harassment of the plaintiff. Such harassment took the form of an attempt to kiss the plaintiff, numerous propositions to meet after work or at out-of-town conferences, and suggestive remarks or conduct. These advances were uninvited and discouraged.

4

Plaintiff complained of this sexual harassment to defendant Salter in December, 1983, and again in May or June, 1984. She also reported the harassment to defendant Hafeman and defendant Clarence Sherrod, the School District's legal counsel, in June or July, 1984.

5

Plaintiff's complaints of the sexual harassment by Dr. Moody were oral and informal. She explains that she did not want to make a public issue of the allegations which she viewed as personal and confidential. A performance evaluation of plaintiff prepared in May, 1984 by Moody was, in plaintiff's view, negative in tone and motivated by her reporting of the sexual harassment. Although Moody denied plaintiff's allegations, a meeting was held with Superintendent Hafeman to resolve the grievance. Moody was advised that if such behavior had occurred it should cease, and that the situation between the two would be monitored. Plaintiff was dissatisfied that she was not transferred from under Moody's supervision, although this dissatisfaction was relayed only to her attorney.

6

Thereafter Moody allegedly subjected the plaintiff to retaliation by creating a hostile work environment. Plaintiff reported this fact to Hafeman, who allegedly did nothing. As late as June, 1985, plaintiff was still attempting to resolve her dispute with Moody privately and informally.

[*~415]7

During the period that plaintiff was being subjected to retaliation and before this lawsuit was filed (June, 1984 through June, 1985), a plan to reorganize human relations and affirmative action programs was formulated by Moody, at Hafeman's delegation. Hafeman modified Moody's initial proposal which was submitted in December, 1984, and then presented it to the Board. After additional modifications the plan was implemented in July, 1985. The reorganization resulted in plaintiff being reassigned as an administrative assistant in the Human Relations Department, under Moody. Moody assumed the plaintiff's affirmative action duties while her duties relative to Title IX were assigned to another person. Plaintiff was transferred to an office at Lincoln School, where she was the only administrative staff person present. She considers her new assignment to be a de facto demotion. Plaintiff was openly and publicily critical of the reorganization plan.II.

8

The appellant does not allege discrimination based on sex. Rather, she confines her appeal to the issue of whether the first amendment protects a government employee who is allegedly retaliated against for making private complaints of sexual harassment. We begin by recognizing the right of all public employees to engage in free speech and self-expression while participating in political and social affairs. Connick v. Myers, 461 U.S. 138, 103 S.Ct. 1684, 75 L.Ed.2d 708 (1983); Branti v. Finkel, 445 U.S. 507, 100 S.Ct. 1287, 63 L.Ed.2d 574 (1980); Perry v. Sindermann, 408 U.S. 593, 92 S.Ct. 2694, 33 L.Ed.2d 570 (1972); Pickering v. Board of Education, 391 U.S. 563, 88 S.Ct. 1731, 20 L.Ed.2d 811 (1968); Keyishian v. Board of Regents, 385 U.S. 589, 87 S.Ct. 675, 17 L.Ed.2d 629 (1967). In Connick, the Court outlined the constitutional underpinnings of the First Amendment's free speech provisions, stating that:

9

The First Amendment 'was fashioned to assure unfettered interchange of ideas for the bringing about of political and social changes desired by the people.' '[S]peech concerning public affairs is more than self-expression; it is the essence of self-government.' Accordingly, the Court has frequently reaffirmed that speech on public issues occupies the 'highest rung of the hierarchy of First Amendment values,' and is entitled to special protection.

10

Id. 461 U.S. at 145, 103 S.Ct. at 1689 (citations omitted).

[*~416]11

The correlation implicit in premising free speech on the need for promoting social and political change, however, is that speech that does not have such concerns as its goal will be afforded less protection generally, and specifically when viewed in the context of public employment cases. While our task continues to require a balancing of Callaway's right, as a citizen, to speak out on matters of public concern and the School District's interest as an employer, in efficiently performing its intended function, we will not become entangled in every employment dispute merely because allegations involving free speech arise. The Constitution simply does not guarantee public employment unsullied by the potential for silly and at times unjustified termination or transfers unless premised upon specific forbidden grounds. Thus, as the Connick court noted, if Callaway's complaints "cannot be fairly characterized as constituting speech on a matter of public concern, it is unnecessary for us to scrutinize the reasons for her [transfer]," id. at 146, 103 S.Ct. at 1690, even if such transfer is alleged to be mistaken or unreasonable. Bishop v. Wood, 426 U.S. 341, 96 S.Ct. 2074, 48 L.Ed.2d 684 (1976); Perry, 408 U.S. at 597, 92 S.Ct. at 2697-98; Board of Regents v. Rosh, 408 U.S. 564, 92 S.Ct. 2701, 33 L.Ed.2d 548 (1972).

12

In Connick, the plaintiff-employee, Myer, had circulated a survey among her co-workers in the New Orleans District Attorney's Office following a proposal by her superior that she be transferred to a different section of the criminal court. The survey solicited responses pertaining to the confidence and trust which employees possessed in various supervisors, the level of office morale, the need for a grievance committee in the office, and the pressure employees felt to campaign on behalf of office-supported candidates. All but the last question related directly to Myer's personal grievance concerning her work transfer. Myer was subsequently terminated for insubordination which she alleged was a violation of her First Amendment right to free speech.

13

The Court indicated that Myer's questions were merely an attempt to "gather ammunition for another round of controversy with her superiors" and were not matters of public concern entitling her to First Amendment protections. However, the Court concluded that Myer's communication regarding political campaign work, which was unconnected with her immediate personal interest in opposing her own work transfer, involved a matter of public concern requiring application of the Pickering balancing test to determine whether that particular speech was protected. See Pickering v. Board of Education, 391 U.S. 563, 88 S.Ct. 1731, 20 L.Ed.2d 811 (1968) (requires weighing of public employee's interest as a citizen against state's interest as an employer). Moreover, the Court distinguished Myer's speech relating to her transfer from another employee first amendment case in which the Court found the speech to be protected. See Givhan v. Western Line Consolidated School District, 439 U.S. 410, 99 S.Ct. 693, 58 L.Ed.2d 619 (1979), where the employee spoke out as a "citizen on a matter of general concern, not tied to a personal employment dispute," thus leading the Court to conclude that the speech involved a matter of public concern. Connick, 461 U.S. at 148 n. 8, 103 S.Ct. at 1691 n. 8.

[*~417]14

Hence, while it is undoubtedly true that incidences of sexual harassment in a public school district are inherently matters of public concern, the Connick "test requires us to look at the point of the speech in question: was it the employee's point to bring wrongdoing to light? Or to raise other issues of public concern, because they are of public concern? Or was the point to further some purely private interest?" Linhart v. Glatfelter, 771 F.2d 1004, 1010 (7th Cir.1985); see also Yoggerst v. Stewart, 623 F.2d 35 (7th Cir.1980).

[*~417]15

To make such a determination, this court must review Callaway's statements by evaluating the content, form, and context of her communications. Connick, 461 U.S. at 147, 103 S.Ct. at 1690; Brasslett v. Cota, 761 F.2d 827, 840 (1st Cir.1985); Knapp v. Whitaker, 757 F.2d 827, 838 (7th Cir.), cert. denied, 474 U.S. 803, 106 S.Ct. 36, 88 L.Ed.2d 29 (1985). We agree with the district court that "[i]n this case, the context and form of the speech leads to the inescapable conclusion that ... [Callaway's] concern was personal, not public."

[*~416]16

Prior to the commencement of this litigation, Callaway limited her complaints of sexual harassment to oral statements intended to be purely confidential. As Callaway explained in a meeting with several of the defendants, she wanted her grievance to be resolved internally to avoid a public controversy that might split the black community in Madison (both Moody and Callaway are black). Moreover, Callaway's communications were always made in a context relating to the resolution of her personal dispute with Moody. While the content of Callaway's communications touched upon an issue of public concern generally, she was not attempting to speak out as a citizen concerned with problems facing the school district; instead, she spoke as an employee attempting to resolve her private dilemma. Therefore, because such speech stands unprotected from employer scrutiny when uttered in the pursuit of purely private interests, we decline to enter the fray surrounding personnel decisions taken by public employers.

The judgment of the district court is

17

AFFIRMED.

1

Where appropriate, we have adopted the district court's recitation of the facts throughout this opinion