NLRB Winks at Offensive Workplace Language … Again

Abstract

A recent National Labor Relations Board decision indicates that employers prejudice their claim that they need to restrict employees' use of offensive language in the workplace when supervisors casually use such language without consequences. Even though employees' language may be derogatory and arguably discriminatory, and even though employees could express their opinions without using such language, depending on the particular facts, offensive workplace speech may still be protected activity under the National Labor Relations Act.