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After the U.S. Supreme Court’s decision in SFFA v. Harvard/ UNC, opponents of diversity, equity, and inclusion (DEI) have launched an all-out attack on corporate DEI programs. Recently, however, the courts have offered some guidance to beleaguered corporations trying to determine how to avoid litigation over their DEI programs. Guidance on Race-Neutral Admission Policy In […]
Public debate about the Israel-Hamas war demonstrates that Americans have strong, and often divergent, views on important social and political issues. Believing that their right to express those views is firmly grounded in the First Amendment, celebrities and high-profile figures are freely expressing highly controversial opinions through a variety of means – social media, signs, […]
The phrase “cancel culture” has become ubiquitous over the last couple years. It strikes fear in the hearts of social media influencers and public figures everywhere. One post in poor taste or the unearthing of a years-old tweet can bring a screeching halt to a politician’s campaign or an emerging artist’s rise to fame. So, […]
An employer could lawfully terminate an employee who used a racial slur on Facebook, the U.S. 6th Circuit Court of Appeals (whose rulings cover all Ohio employers) recently concluded after applying a test that balances a public employee’s First Amendment right to free speech against the employer’s interest in maintaining an effective workplace.
We are often asked whether being an “at-will” employer means a company can terminate somebody for a discriminatory reason—for example, because she is a woman or a person of color. The answer is no. The at-will-employment doctrine does not protect employers from the consequences of discriminatory job actions. But the 2nd District Court of Appeal […]
As Americans, we are rightfully proud of our freedoms and our rights. The country was founded on such principals. So, it’s not surprising that many employees become indignant if and when their employers put in place or enforce policies they see as curbing these rights, particularly their right to free speech.
When a person who is paid to edit the written words of others fails to edit his own words, his job may be in jeopardy.
Employers—especially public-sector employers—are eagerly awaiting the outcome of a case going to the U.S. Supreme Court that may deal a blow to unions’ ability to collect dues.
By John Balitis The 2016 election is almost here, and political debate is probably in full gear at many workplaces across the nation. It can be difficult to gauge how much an employer may regulate political speech, and therefore it’s important that managers are trained on how to handle it. To help, today we present […]
It’s everywhere. Whether you like it or not, you can’t escape it. While the topics of politics and social justice are undoubtedly important discussions to have in our country, the reality is that they now seem ever present. Consider, for example, two popular entertainment outlets many individuals usually go to in order to “escape” from […]