Given some rulings by the National Labor Relations Board (NLRB) in recent years – such as rulings invalidating civility policies or finding employers liable for disciplining employees acting in a harassing manner – many employers have struggled with how to balance National Labor Relations Act (NLRA) considerations with competing equal employment opportunity (EEO) laws. Perhaps in recognition of this tension, on Jan. 16, the NLRB's top lawyer issued a memo entitled Harmonization of the NLRA and EEO Laws.
According to a press release on the memo issued by NLRB General Counsel Jennifer Abruzzo, “The memorandum emphasizes the importance of complying with all requirements of the NLRA and the EEO laws and offers suggestions in certain key areas on how to effectuate compliance and ensure that employees receive full protections under the laws. Specifically, it addresses and provides examples for complying with both bodies of law in three key areas – workplace civility rules, investigative confidentiality policies, and employee speech or conduct in the context of NLRA-protected activity that could potentially implicate federal EEO law.”
The bulk of the memo is aimed at addressing employee conduct and comments made in the course of engaging in National Labor Relations Acit (NLRA)-protected activity, such as an employee addressing workplace concerns during a grievance meeting or contract negotiations. There can be tensions between an employer’s obligations under EEO laws (such...
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