EEOC Trumps NLRB On Worker Speech Concerns

Law360 (November 19, 2019, 7:31 PM EST) -- Employers' obligation to keep workplaces free of unlawful discrimination and the National Labor Relations Act's protections for workers who say arguably offensive things seem like they could present a Catch-22 for businesses.

But experts say for employers who have to choose between drawing the ire of the U.S. Equal Employment Opportunity Commission or that of the National Labor Relations Board, there's no contest.

"Rarely am I thinking about the [NLRA] implications of this type of behavior," said Eric Meyer, a FisherBroyles LLP attorney who advises businesses on employment law.

This statutory strife is based in the dissonant worker protections afforded by...

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