political affiliation/speech retaliation

The Sixth Circuit recently held that Michigan state employees could base First Amendment political-affiliation and protected-speech retaliation claims on their perceived political affiliations, even absent actual affiliations with the party in question.  Dye v. Office of the Racing Comm’n, No. 11-cv-1828 (6th Cir. Dec. 18, 2012).   It’s important for government and private employers alike to appreciate the import of this decision, and it’s noteworthy that this decision widens a split between the Sixth and Third Circuits.