# Brouillette v. Sewerage & Water Board

> Louisiana Court of Appeal · January 9, 1978 · 367 So. 2d 9

URL: https://www.frixlaw.com/law-library/cases/7494761

## Case

- **Full name:** Elson J. BROUILLETTE v. SEWERAGE AND WATER BOARD
- **Court:** Louisiana Court of Appeal
- **Decided:** January 9, 1978
- **Citations:** 367 So. 2d 9; 1978 La. App. LEXIS 3956
- **Precedential status:** Published
- **Opinion:** Concurrence by Lemmon
- **Judges:** Beer, Boutall, Lemmon, Reasons
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7494761

## Opinion text

LEMMON, Judge,
concurring.
The question is whether a public employee under Civil Service may be demoted when he is unable, for medical reasons, to perform the duties of the higher position. The answer is yes.
The purpose of the Civil Service system is to protect public employees from discrimination and to prevent their being subjected to dismissal, demotion or other disciplinary action without cause. La.Const.1974, Art. *12 10, § 8. The action taken by the appointing authority may be characterized as a tough business decision, but it does not necessarily constitute discrimination or arbitrary action within the contemplation of the Civil Service scheme. The Civil Service system does not protect employees against tough actions — only discriminatory or arbitrary actions.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7494761. Public record. Not legal advice.