NLRB overrules precedent protecting abusive language

Long-standing National Labor Relations Board (NLRB) precedent has protected abusive and harassing language when linked to protected union activity in most instances. Many cases have even excused racist and/or sexist language when used during an organizing campaign or while otherwise engaging in protected concerted activity. This put employers in the difficult position of either condoning language that could run afoul of Title VII of the Civil Rights Act of 1964 or taking disciplinary action the Board may consider a violation of the National Labor Relations Act (NLRA).

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