Tag: free speech

Grudge Match: Long-Simmering Resentment Stokes Age Bias, Retaliation Claims

People can hold grudges for a long time. But when a manager is holding a grudge against an employee, how long can that grudge continue? Well, in one case, a manager held a grudge against an employee for 11 years. The case comes to us out of Utah, where a former sheriff’s department firearms instructor […]

Managing Activism in the Workplace: Some Guiding Principles

In a politically charged era where activism is considered noble, HR managers are confronting new challenges in the workplace in an attempt to find balance between the expression of disparate views while maintaining a productive and cohesive workforce.

Back to the Salt Mines: Not a Veiled Antiunion Threat

President Joe Biden has made clear he intends to be “the most pro-union president you’ve ever seen.” The National Labor Relations Board’s (NLRB) recent initiatives under the direction of General Counsel (GC) Jennifer Abruzzo are definitely in line with the administration’s pro-union regulatory agenda. Abruzzo has recently targeted what employers may communicate regarding unionization. What […]

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, […]

How the Misconception of ‘Free Speech’ in the Workplace Persists through High-Profile Examples of Social Consciousness

With the NBA season set to begin this month, so many eagerly anticipated storylines are being discussed. Would the Clippers and Lakers live up to expectations and make Los Angeles the place to be this season? How are teams going to match up with the Sixers’ massively sized lineup in today’s era of small ball? […]

Google

The Message in the Medium: Lessons Learned from Google

For years, Google has been playing with fire by encouraging employees to post almost anything on its internal message boards. The company, known as the portal for any inquiry imaginable, brought its open search philosophy in-house, encouraging robust employee discussion on almost any topic, without fear of retaliation.

Free Speech in the Workplace

There’s no question that many Americans believe that we are more politically divided than ever, and the tension from that divide is being felt in the workplace. In a 2018 study by Randstad US, 43% of survey respondents reported that they have at least one work colleague whose political views do not align with their […]

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 […]

Can They Do That? Firing Employees for Off-Duty Conduct

by T. Harold Pinkley Participating in last year’s Unite the Right rally in Charlottesville, Virginia—an event that involved several groups usually identified as the “alt-right,” along with groups protesting the marchers—has proven to have unforeseen and unintended consequences, including job loss, for some of the people involved. This article examines how you can or should […]

Office politics: preventing disruptive discourse

by David L. Johnson Recently, a Pennsylvania YMCA stopped showing cable news shows on the TVs in its gym because they were prompting political squabbles among its members. When filtered into the diverse workplace, passionate opposing political viewpoints can harm productivity and morale and even create liability issues for employers. Sometimes political discussions can morph […]