The National Labor Relations Board has reversed Trump-era precedent that made it easier for employers to discipline workers for racist, sexist, and other profane speech or conduct in the context of workplace activism and union-related activity.
The board on Monday overturned precedent set in the 2020 General Motors LLC decision, which widened its framework for determining whether a worker’s conduct is so egregious that they lose the protection of the National Labor Relations Act.
The board’s Democratic majority voted to allow for more legal protection for workers who have used derogatory language while speaking out against workplace conditions, returning to ...