January 2, 2020 / 1:51 PM / 24 days ago

NLRB must consider impact of anti-bias laws when workers use profanity - D.C. Circuit

A U.S. appeals court on Tuesday said the National Labor Relations Board must consider an aluminum product manufacturer’s obligations to prevent workplace harassment in deciding whether federal labor law protected an employee who was fired for writing “whore board” on an overtime signup sheet.

A unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit said Constellium Rolled Products properly raised the conflict between workers’ rights under anti-discrimination laws and the National Labor Relations Act (NLRA) before the board, and the NLRB was wrong to refuse to address it.

To read the full story on WestlawNext Practitioner Insights, click here: bit.ly/2FbiEju

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