Welcome
Daily Labor Report®

Employers Need Leeway to Discipline for Offensive Language: EEOC

Nov. 5, 2019, 8:56 PM

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...

To read the full article log in. To learn more about a subscription click here.