Can an employer have a no-swearing policy?
Restrictions or punishment for the use of profanity or offensive speech in a workplace may implicate Section 7 of the National Labor Relations Act (NLRA). Section 7 protects employees in the private sector whether they are unionized or not. Therefore, employees have right to engage in concerted activities with co-workers to discuss wages, hours and working conditions and activities for their mutual aid or protection. In some instances, cursing or the use of offensive language may be protected activity under the NLRA. This white paper reviews swearing and the NLRA and discusses whether employers can have a no-swearing policy or not.
Agenda
Faculty
Charles T. Passaglia, Esq.
Employment Law Solutions, Inc.
- Founder of Employment Law Solutions, Inc.
- Practice emphasizes advice and counsel in all aspects of employment law and workplace investigations
- Conducts over 100 entertaining seminars and workshops each year on compliance topics
- Author of Can I Bring my Pet Monkey to Work? Answers to 45 of the Wildest Workplace Law Questions (Fall 2020)
- Captain (Retired), United States Navy Reserve, and expert on all manner of swearing
- J.D. degree, University of Denver; B.A. degree, Philosophy, Saint Louis University
- Can be contacted at 303-915-6334, [email protected] or on Twitter® @hrdevil
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