News & Analysis as of

Offensive Language Employee Rights

FordHarrison

EntertainHR: Michigan’s Miscue—Is Your Company Ready for a Social Media Scandal?

FordHarrison on

Only a few days after being hired by the University of Michigan’s football program as the assistant director of football recruiting, Glenn Schembechler (son of longtime Michigan head coach Bo Schembechler) resigned after his...more

Robinson & Cole LLP

NLRB Draws a Line: Polite Picket Lines, Civil Social Media and Courteous Complaining

Robinson & Cole LLP on

Employers are increasingly aware that an inclusive workplace is synonymous with one that does not tolerate abusive conduct, personal attacks or any form of harassment, especially harassment that is based on an employee’s...more

Akerman LLP - HR Defense

Common Sense Finally Prevails: Employers No Longer have to Tolerate Abusive and Offensive Conduct in the Workplace

Your employee has just cursed at you, calling you every racist and/or sexist name in the book. Naturally, that employee must go! Just as you are ready to sign off on the termination, a thought occurs to you: “Uh-oh. He was...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - July 2020 #4

Seyfarth Shaw LLP on

NLRB Decision Gives Employers More Leeway to Discipline Employees for Offensive Speech.  Traditionally, the National Labor Relations Act protected offensive or even abusive speech by employees when the worker is involved in...more

Obermayer Rebmann Maxwell & Hippel LLP

New NLRB Decision Overhauls Standard for Offensive Employee Outbursts

Prior to Tuesday, July 21, offensive employee conduct committed in the course of otherwise protected activity under the National Labor Relations Act (the “Act”) was more often than not shielded from employer discipline. ...more

Parker Poe Adams & Bernstein LLP

Supportive Replies to Co-Worker's Profane Email Were Protected Activity

As noted previously in EmployNews, Section 7 of the National Labor Relations Act protects concerted activity by employees who complain about terms and conditions of employment. Obviously, email and social media did not exist...more

Franczek P.C.

Unfettered Free Speech or Profane Outbursts? NLRB Invites Input to Determine Scope of Section 7 Protection

Franczek P.C. on

The National Labor Relations Board (“Board”) is inviting input “to aid the Board in reconsidering the standards for determining whether profane outbursts and offensive statements of a racial or sexual nature, made in the...more

Cozen O'Connor

Are You A Nasty Mother Fu*ker?

Cozen O'Connor on

I don’t know if you are or aren’t. That’s probably for a different timeforhardselfassessmentlawblog.com (wish I had purchased that domain). However, I do know that your employees apparently can call their manager a nasty...more

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