NLRB ALJ Finds Employee’s DEI Criticism Protected By Labor Law

An NLRB Administrative Law Judge recently concluded that an employer violated the National Labor Relations Act by firing an employee who publicly criticized the company’s DEI initiatives and alleged anti-male discrimination on LinkedIn.

The ALJ found that the employee’s communications were protected concerted activity because they concerned workplace issues and sought to encourage action by other employees.

Before disciplining employees for publicly criticizing workplace practices, employers should assess whether the employee is raising concerns about workplace conditions, seeking support from coworkers, or advocating on behalf of a broader group of employees. Employers also should base their response to an employee’s public criticism on clearly established misconduct and not simply on the fact that the criticism is public, embarrassing, or strongly worded. The NLRA’s protections apply in both union and nonunion workplaces.

Click here to read more from the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association.