Employer actions to curb sexual harassment might violate National Labor Relations Act

“EEOC recently announced the availability of ‘respectful workplace’ training, which [prompted a] concern about whether overly prescriptive rules about workplace behavior (like “no negativity” mandates) might chill workers’ NLRA rights.” NLRB rulings in recent years have included protecting workers in some circumstances from being disciplined for cussing out their bosses, and the NLRB has announced the employer policies against negativity and gossip may also violate the law. At the same time, tolerating hostile and personal talk can expose an employer to liability under harassment law. The agencies are hoping to work out the contradictions among themselves. [Kate Tornone, HR Dive]

One Comment

  • Yeah, “working them out among themselves” will first result in monetary extractions from and public examples being made of myriad employers. So glad we give so much control over how business is conducted to our federal overlords.