Incivility and harassment at work? Employer policies can help

Employers concerned about racist, sexist, and other unacceptable outbursts in the workplace cheered a decision from the National Labor Relations Board (NLRB) in July that makes it easier to discipline or fire employees for offensive speech. Under the previous standard, employees disciplined for profane outbursts often could look to the National Labor Relations Act (NLRA) for protection since Section 7 of the Act prohibits employer policies that may impede employee efforts to join a union or otherwise band together to improve the terms and conditions of employment. The previous standard was tolerant of some degree of heated speech uttered in the exercise of Section 7 rights as long as it wasn't violent or otherwise too extreme.

But now the pendulum has swung back to a standard set in a 1980 NLRB case that is more like the standard used to evaluate discrimination claims. This shift may put more emphasis on the benefits of having respectful workplace policies.

Some background

In the July 21 decision, which involving General Motors, the NLRB moved to resolve a conflict between the NLRA and Title VII of the Civil Rights Act of 1964, the law that protects workers from discrimination and harassment based on race, color, religion, gender, and national origin. Both laws cover most private-sector employers.