Labor Board and EEOC to Clarify Overlap in Anti-Bias, Labor Laws
After Google employee James Damore was fired for sending several controversial messages about workplace diversity to his colleagues, two conflicting federal workplace laws were brought to light. NLRB attorney Jennifer Abruzzo says that the employees are allowed under the NLRA to speak freely with each other about workplace conditions without fear of reprisal. However, Damore’s emails included offensive gender stereotypes that potentially violated Title VII. Speaking on behalf of the NLRB, Abruzzo said that “unless the harassment is pretty bad, these people are protected”. A relatively recent decision in a federal appeals court case affirms the Board’s stance. The NLRB and EEOC are currently working together on a document that will help employers navigate the complications that could arise with the overlapping laws. They have announced that the article will be released in the near future.
See "Labor Board and EEOC to Clarify Overlap in Anti-Bias, Labor Laws", Hassan A. Kanu, Bloomberg BNA, November 14, 2017