Law360, New York ( November 3, 2015, 10:51 AM EST) -- The U.S. Supreme Court is set to resolve a disagreement among the circuits over whether a First Amendment retaliation claim can arise from a public employer's mistaken belief about an employee's political affiliation. The case, Heffernan v. City of Paterson et al., concerns the validity of "perceived affiliation" claims and will decide whether an employee can bring a claim against an employer who takes action based on a perceived affiliation when the employer's perception turns out to be incorrect. The case presents an interesting question about the scope of First Amendment protection for millions of public employees, but for public agencies the lesson is already clear: Do not make personnel decisions based on political affiliation at all — perceived or actual....