Employers Need Leeway to Discipline for Offensive Language: EEOC

The NLRB protects workers’ use of offensive speech to an extent that can hamper employers’ ability to tamp down on potential harassment under federal anti-discrimination law, the Equal Employment Opportunity Commission says.

The National Labor Relations Board has a pending case that could change its test for deciding when extremely profane or racially hostile language loses the protection of labor law. The EEOC filed a brief made public Nov. 5 that urges the board to consider adopting a standard that lets employers address the use of that offensive language, including with discipline as appropriate. But the EEOC didn’t take a ...