Employees’ Profane, Abusive or Racist Speech No Longer Protected Under National Labor Relations Act

In a landmark decision issued on July 21, 2020, the National Labor Relations Board (“NLRB” or the “Board”) dramatically changed its standard for determining whether employers have lawfully disciplined or discharged employees who made abusive or offensive statements—including profane, racist, and sexually unacceptable speech—in the course of activity otherwise protected under the National Labor Relations Act (“NLRA” or the “Act”)....<BR />By: <a href="https://www.jdsupra.com/profile/Hodgson_Russ/">Hodgson Russ LLP</a>

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