Section I of this Note summarizes both of the Ninth Circuit’s opinions in the Perez matter. Section II analyzes the need to prevent the government employer from intruding on its employees’ personal autonomy rights. Section III discusses why the court’s second opinion is problematic. Section IV demonstrates why the Ninth Circuit’s first opinion is an appropriate application of the law considering the facts of the case. Section V argues that the test furthered by the first Perez decision should be used as a standard going forward. Finally, Section VI illustrates how competing decisions in other circuits would have been decided under the Perez framework.
Allyson M. McCain,
Perez v. City of Roseville: Constitutional Protection For the Public Employee in Matters Pertaining To Sex, 50 Golden Gate U. L. Rev. 23