News & Analysis as of

Offensive Language Unfair Labor Practices

Bradley Arant Boult Cummings LLP

Employer Discipline Lessons In DC Circ. Vulgar Protest Ruling | Insights & Events

A ruling of the National Labor Relations Board in favor of an employee fired for using vulgar language on a company bulletin board was affirmed in August by the U.S. Court of Appeals for the District of Columbia Circuit. ...more

Constangy, Brooks, Smith & Prophete, LLP

Nasty language may be protected concerted activity, court says

Non-union employers, this goes for you, too! An employee's use of bad language doesn't necessarily mean that the employer can take action against him. Even if the language arguably violates the employer's no-harassment...more

Pillsbury Winthrop Shaw Pittman LLP

NLRB Establishes New Test for Employer Discharge of Employees for Abusive Comments

New standard grants more leeway to employers to prohibit abusive conduct, even in connection with otherwise protected, concerted activity. The Board’s new standard will allow employers more predictability and discretion to...more

Pullman & Comley - Labor, Employment and...

Speak No Evil: The NLRB Drops “Setting-Specific” Standards for Cases Involving Abusive Employee Speech Made in the Course of...

The Trump-era National Labor Relations Board has struck again.  On July 21, 2020 in General Motors LLC, 14-CA-197985, 369 NLRB No. 127 (2020), the NLRB overruled longstanding precedent and rejected “setting-specific”...more

Morgan Lewis

NLRB Limits Protection Given to Abusive, Profane, or Offensive Workplace Conduct

Morgan Lewis on

The National Labor Relations Board has finally abandoned its problematic standard around the discipline and discharge of employees who engage in abusive conduct in connection with protected concerted activity. On July 21, the...more

Epstein Becker & Green

The Board Brings the NLRA Into the Modern Era of Discipline for Abusive Conduct, and Union Leaders Lament “Guys Like Us, We Had It...

Epstein Becker & Green on

On Tuesday, the three-member, all Republican, National Labor Relations Board (the “Board”) issued a 3-0 decision in General Motors LLC and Charles Robinson, 369 NLRB No. 127 (July 21, 2020)...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

Sheppard Mullin Richter & Hampton LLP

Employers May Not Have To Retain Racists, Sexists And Belligerently Disobedient Employees After All-The NLRB Appears Ready To...

It is lawful to discipline and even discharge an employee for making inappropriate or offensive remarks in the workplace. Indeed, current anti-harassment and anti-bullying laws may require an employer to take adverse action...more

Seyfarth Shaw LLP

Another Day, Another Violation: Board Targets Hospital’s Work Rules Prohibiting Offensive Conduct

Seyfarth Shaw LLP on

Seyfarth Synopsis: Board panel finds hospital’s work rule prohibiting employees from engaging in offensive conduct to be unlawful. In Valley Health System, LLC d/b/a Spring Valley Hosp. Med. Ctr., 363 NLRB No. 178 (May...more

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