Analysis

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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS