Employers in the U.S. just got more latitude to fire employees who speak up about harassment and discrimination.
In 2017, GM suspended Charles Robinson, a Black electrician and union representative at a Kansas City plant, after he allegedly referred to a manager as “master,” using what a supervisor referred to as a “southern slave voice.” Robinson, who brought claims to the NLRB challenging this suspension and others, says he was highlighting the inappropriate conduct of a company official who reprimanded him for speaking too loudly.”
In a unanimous decision by three Trump appointees, the NLRB established a more permissive standard for employers looking to curb derogatory speech, including comments made on social media and during strikes and protests. The board had previously often found workers to be legally protected when they had used derogatory language while speaking up against workplace conditions, especially if the comments were provoked by management’s misconduct. Companies now have the green light to discipline remarks they deem offensive as long as the government can’t prove management was motivated by hostility towards protesting or organizing.
It’s Now Even Easier to Fire U.S. Workers for What They Say
