News & Analysis as of November 15, 2024

Offensive Language

+ Follow

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

The NLRB Must Apply Its Prior Standard for Protected Employee Outbursts and Abusive Speech

Sheppard Mullin Richter & Hampton LLP on 7/22/2024

On July 9, 2024, the United States Court of Appeals for the Fifth Circuit told the National Labor Relations Board’s to reconsider the standard for whether abusive or inappropriate speech is protected under Section 7 of the...more

…But Words Will Never Harm Us? The NLRB Restores Precedent Protecting Abusive Workplace Speech by Employees While They Are Engaged...

Sheppard Mullin Richter & Hampton LLP on 5/15/2023

In a decision that had been anticipated, the National Labor Relations Board (“NLRB” or “Board”) abandoned its short-lived burden-shifting test for determining the legality of employer discipline of employees found to have...more

NLRB Reverses Course, Provides Broader Protection to Employees Engaged in Offensive Behavior

Amundsen Davis LLC on 5/10/2023

On May 1, 2023, the National Labor Relations Board (“NLRB” or “Board”) issued a decision, Lion Elastomers LLC, that provides employees with extensive cover for inappropriate workplace behavior under the guise of the National...more

Employer Discipline Lessons In DC Circ. Vulgar Protest Ruling | Insights & Events

Bradley Arant Boult Cummings LLP on 9/22/2022

A ruling of the National Labor Relations Board in favor of an employee fired for using vulgar language on a company bulletin board was affirmed in August by the U.S. Court of Appeals for the District of Columbia Circuit. ...more

Nasty language may be protected concerted activity, court says

Constangy, Brooks, Smith & Prophete, LLP on 8/12/2022

Non-union employers, this goes for you, too! An employee's use of bad language doesn't necessarily mean that the employer can take action against him. Even if the language arguably violates the employer's no-harassment...more

NLRB Draws a Line: Polite Picket Lines, Civil Social Media and Courteous Complaining

Robinson & Cole LLP on 8/24/2020

Employers are increasingly aware that an inclusive workplace is synonymous with one that does not tolerate abusive conduct, personal attacks or any form of harassment, especially harassment that is based on an employee’s...more

NLRB Restores Civility to Workplace

Holland & Knight LLP on 8/7/2020

In General Motors LLC, the National Labor Relations Board (NLRB) departed from recent cases condoning abusive employee behavior when accompanied by protected activity. (See previous Holland & Knight alert, "Recent NLRB...more

Offensive Employee Outbursts Are Not Protected Activity Under the NLRA

Kramer Levin Naftalis & Frankel LLP on 8/6/2020

A recent decision by the National Labor Relations Board (NLRB or Board) has modified the standard for determining whether employees have been lawfully disciplined or discharged after making abusive or offensive statements...more

NLRB’s New Decision Cuts Ties Between Abusive Conduct in the Workplace and Protected Conduct

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/3/2020

On July 21, 2020, the National Labor Relations Board issued its decision in General Motors LLC, 369 NLRB No. 127 (2020), overruling decades of precedent granting employees considerable freedom to engage in abusive or...more

NLRB Empowers Employers to Discipline Employees for Abusive or Offensive Conduct

Dorsey & Whitney LLP on 7/29/2020

On July 21, 2020, the National Labor Relations Board (NLRB) (once again) modified its standard for determining whether employees have been lawfully disciplined or discharged after making abusive or offensive statements,...more

NLRB Cleans Up Employee Foul/Abusive Language With Sweeping New Opinion

Sherman & Howard L.L.C. on 7/27/2020

This week the NLRB issued a blockbuster decision addressing employees’ abusive and foul language in the workplace. General Motors LLC, 369 NLRB No. 127 (2020). In the past, the Board has given many employees a free pass when...more

Supportive Replies to Co-Worker's Profane Email Were Protected Activity

Parker Poe Adams & Bernstein LLP on 11/1/2019

As noted previously in EmployNews, Section 7 of the National Labor Relations Act protects concerted activity by employees who complain about terms and conditions of employment. Obviously, email and social media did not exist...more

Unfettered Free Speech or Profane Outbursts? NLRB Invites Input to Determine Scope of Section 7 Protection

Franczek P.C. on 10/14/2019

The National Labor Relations Board (“Board”) is inviting input “to aid the Board in reconsidering the standards for determining whether profane outbursts and offensive statements of a racial or sexual nature, made in the...more

National Labor Relations Board Reopens Rules Related to Union Activity

Parker Poe Adams & Bernstein LLP on 9/18/2019

The National Labor Relations Board continues its efforts to revisit earlier decisions that expanded protections for employees engaged in concerted or union activities. On September 5, the board announced it is soliciting...more

Employers May Not Have To Retain Racists, Sexists And Belligerently Disobedient Employees After All-The NLRB Appears Ready To...

Sheppard Mullin Richter & Hampton LLP on 9/12/2019

It is lawful to discipline and even discharge an employee for making inappropriate or offensive remarks in the workplace. Indeed, current anti-harassment and anti-bullying laws may require an employer to take adverse action...more

22 Results

View per page

Page: of 1

National Labor Relations Board › Unions › Offensive Language

The NLRB Must Apply Its Prior Standard for Protected Employee Outbursts and Abusive Speech

…But Words Will Never Harm Us? The NLRB Restores Precedent Protecting Abusive Workplace Speech by Employees While They Are Engaged...

NLRB Reverses Course, Provides Broader Protection to Employees Engaged in Offensive Behavior

Employer Discipline Lessons In DC Circ. Vulgar Protest Ruling | Insights & Events

Nasty language may be protected concerted activity, court says

NLRB Draws a Line: Polite Picket Lines, Civil Social Media and Courteous Complaining

NLRB Restores Civility to Workplace

Offensive Employee Outbursts Are Not Protected Activity Under the NLRA

NLRB’s New Decision Cuts Ties Between Abusive Conduct in the Workplace and Protected Conduct

NLRB Empowers Employers to Discipline Employees for Abusive or Offensive Conduct

NLRB Cleans Up Employee Foul/Abusive Language With Sweeping New Opinion

Supportive Replies to Co-Worker's Profane Email Were Protected Activity

Unfettered Free Speech or Profane Outbursts? NLRB Invites Input to Determine Scope of Section 7 Protection

National Labor Relations Board Reopens Rules Related to Union Activity

Employers May Not Have To Retain Racists, Sexists And Belligerently Disobedient Employees After All-The NLRB Appears Ready To...

NLRB Upholds Employee’s Use of Offensive Language in Protest of Employer’s Overtime Policy

Second Circuit Identifies Outer Limits of NLRA-Protected Speech

WTF, NLRB? (WTF = “Where’s The Fairness?”)

In Fresenius, the NLRB Admits It Was Wrong . . . Sort Of!

NLRB Rules 'Vulgar' Union Buttons Allowed

WTF?!

NLRB Says You Can Call Your Boss Obscenities and Not Get Fired

National Labor Relations Board › Unions › Offensive Language

"My best business intelligence, in one easy email…"