Tag: First Amendment

EntertainHR: Can Employers Do That? The Limits of Free Speech

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, […]

What to Know About Free Speech, Cancel Culture, and Your Business

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, […]

6th Circuit: Employee May Be Fired Over Facebook Slur

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.

Firing Drummer Was a Protected Act of Free Expression

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 […]

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What Free-Speech Protections Do Private Sector Employees Have?

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.

Politics in the Workplace—What’s an Employer to Do?

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 […]

From sports and entertainment to politics and social justice—when worlds collide in your workplace

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 […]

Do you have a Weiner in your workplace? Disciplining employees for off-duty misconduct

by Lauren E.M. Russell The most fortuitously named figure in modern politics is embroiled in yet another scandal: Former Congressman Anthony Weiner is back in the news because of a third round of sexting allegations. He has been suspended or terminated from two freelance writing positions because of the recent allegations against him. While a […]