The worker posted on LinkedIn that Apex Fintech Solutions “allowed outright hate to proliferate as a demonstration of what they think DEI is.”

Dive Brief:

• Apex Fintech Solutions violated the National Labor Relations Act when it fired a worker for posts he made on LinkedIn complaining about his company’s “culture of discrimination” against White men, National Labor Relations Board Administrative Law Judge Arthur Amchan determined Friday.
• The worker, who took issue with statements made at a diversity, equity and inclusion meeting, said Apex had “allowed outright hate to proliferate as a demonstration of what they think DEI is,” per the judge’s opinion. The company asked him to remove “false” and “defamatory” statements but did not specify what they were, and fired him shortly after he asked it to clarify. It later initiated a defamation lawsuit against the worker, although that effort was eventually abandoned.
• The case is among the latest legal actions to involve a majority-group plaintiff pushing back against DEI practices, although it pursued the claim by applying labor law, rather than nondiscrimination law like many others have done.

Dive Insight:

In his analysis, Amchan found multiple NLRA violations.

For one, he said, there was “no question” Apex was aware of the protected concerted activity the worker had engaged in, as he “clearly sought to enlist other employees in his crusade against what he perceived as Respondent’s discrimination against males.” In his LinkedIn...

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