The document summarizes a seminar on political speech in the workplace that discusses a case study of Whole Foods employees who were disciplined for wearing Black Lives Matter attire. It examines the lawsuit filed by employees claiming discrimination and the court's dismissal of the suit. The presentation then discusses potential concerns around political speech in the workplace and legal considerations for limiting such speech for private and public sector employers.
This document outlines the agenda for a seminar on religion in the workplace. It will discuss the legislative history of Title VII, the Idaho Human Rights Commission process, litigation on religious discrimination including specific cases and highly litigated areas, and differences between the Trump and Biden administrations' EEOC approaches. It will also cover practical lessons and include handouts on religious discrimination questions and answers and a DOJ memo on religious liberty.
This document summarizes a seminar on political speech in the workplace. It discusses the tension between an employer's desire to control its image and workplace, and an employee's freedom of political expression. It outlines exceptions where employees may have protections for political speech, such as under the National Labor Relations Act, state laws, and anti-discrimination statutes. The document provides practical tips for employers, such as developing social media and no political activity policies, enforcing policies evenly, and seeking legal counsel before disciplining employees for political activities. A scenario describes an employer considering its options after an employee was allegedly involved in the January 6th Capitol riots.
This document provides an overview and agenda for the Ninth Annual Boise Employment Law Seminar taking place on September 22, 2021 in Boise, Idaho. The seminar will cover hot topics in employment law, including discussions on the statutory basis for 85% of employment law claims, sexual harassment and what it is, LGBTQ+ discrimination, conducting sexual harassment investigations, and determining whether a worker is an employee or independent contractor. Key tests for making this determination, such as the IRS 20-factor test and post-1996 IRS approach focusing on behavioral and financial control, will be reviewed.
Employment discrimination laws prohibit employers from discriminating against employees based on characteristics such as age, race, gender, religion, disability and genetic information. Federal laws like Title VII, the ADA, ADEA, and GINA make it illegal to discriminate in hiring, firing, pay, and other employment activities. However, courts have ruled that losing a required security clearance for non-discriminatory reasons is a valid basis for termination even if a discrimination claim is made.
When undertaking recruitment exercises, it is essential potential new employers are aware of the legal duties incumbent upon them. Whether it is ensuring decisions are not discriminatory, or undertaking sufficient measures to check an applicant’s eligibility to work in the UK or work with children, recruitment officers must have a thorough grounding in the legal implications of the decisions they make and the selection processes they employ.
In this recorded webinar, Adam Willoughby, a specialist employment law barrister at Broadway House Chambers, will:
‘Roadmap’ the key legal obligations recruiters are under and should be aware of when undertaking the recruitment process;
Look specifically at the duties contained in Equality Act 2010 in the context of recruitment;
Consider factors new employers should and should not be taking into account when assessing candidates
Explore practical steps recruiters can take at an early stage to help ensure compliance with legal obligations throughout the employment relationship.
This webinar will appear to Recruitment Officers, HR personnel, Managers, and Business Owners.
You can view the some of the webinar at the end of the slide deck. If you would like to view more on demand webinars or attend the live Shorebird RPO events, please visit http://www.shorebird-rpo.com/free-webinars
The document discusses legal issues related to recruitment and selection including:
1) The importance of careful selection to avoid negligent hiring claims and discrimination lawsuits.
2) Laws like the Equality Act 2010 that prohibit discrimination based on characteristics like age, disability, gender, race, religion, sexual orientation, and marriage.
3) Requirements for employers to protect applicant privacy while screening for qualifications and ensuring non-discriminatory hiring practices.
Basic presentation on employment law for recruiters. Significant content in speaker notes only; many slides are all or mostly visuals. Contact me if interested in using.
This document outlines the agenda for a seminar on religion in the workplace. It will discuss the legislative history of Title VII, the Idaho Human Rights Commission process, litigation on religious discrimination including specific cases and highly litigated areas, and differences between the Trump and Biden administrations' EEOC approaches. It will also cover practical lessons and include handouts on religious discrimination questions and answers and a DOJ memo on religious liberty.
This document summarizes a seminar on political speech in the workplace. It discusses the tension between an employer's desire to control its image and workplace, and an employee's freedom of political expression. It outlines exceptions where employees may have protections for political speech, such as under the National Labor Relations Act, state laws, and anti-discrimination statutes. The document provides practical tips for employers, such as developing social media and no political activity policies, enforcing policies evenly, and seeking legal counsel before disciplining employees for political activities. A scenario describes an employer considering its options after an employee was allegedly involved in the January 6th Capitol riots.
This document provides an overview and agenda for the Ninth Annual Boise Employment Law Seminar taking place on September 22, 2021 in Boise, Idaho. The seminar will cover hot topics in employment law, including discussions on the statutory basis for 85% of employment law claims, sexual harassment and what it is, LGBTQ+ discrimination, conducting sexual harassment investigations, and determining whether a worker is an employee or independent contractor. Key tests for making this determination, such as the IRS 20-factor test and post-1996 IRS approach focusing on behavioral and financial control, will be reviewed.
Employment discrimination laws prohibit employers from discriminating against employees based on characteristics such as age, race, gender, religion, disability and genetic information. Federal laws like Title VII, the ADA, ADEA, and GINA make it illegal to discriminate in hiring, firing, pay, and other employment activities. However, courts have ruled that losing a required security clearance for non-discriminatory reasons is a valid basis for termination even if a discrimination claim is made.
When undertaking recruitment exercises, it is essential potential new employers are aware of the legal duties incumbent upon them. Whether it is ensuring decisions are not discriminatory, or undertaking sufficient measures to check an applicant’s eligibility to work in the UK or work with children, recruitment officers must have a thorough grounding in the legal implications of the decisions they make and the selection processes they employ.
In this recorded webinar, Adam Willoughby, a specialist employment law barrister at Broadway House Chambers, will:
‘Roadmap’ the key legal obligations recruiters are under and should be aware of when undertaking the recruitment process;
Look specifically at the duties contained in Equality Act 2010 in the context of recruitment;
Consider factors new employers should and should not be taking into account when assessing candidates
Explore practical steps recruiters can take at an early stage to help ensure compliance with legal obligations throughout the employment relationship.
This webinar will appear to Recruitment Officers, HR personnel, Managers, and Business Owners.
You can view the some of the webinar at the end of the slide deck. If you would like to view more on demand webinars or attend the live Shorebird RPO events, please visit http://www.shorebird-rpo.com/free-webinars
The document discusses legal issues related to recruitment and selection including:
1) The importance of careful selection to avoid negligent hiring claims and discrimination lawsuits.
2) Laws like the Equality Act 2010 that prohibit discrimination based on characteristics like age, disability, gender, race, religion, sexual orientation, and marriage.
3) Requirements for employers to protect applicant privacy while screening for qualifications and ensuring non-discriminatory hiring practices.
Basic presentation on employment law for recruiters. Significant content in speaker notes only; many slides are all or mostly visuals. Contact me if interested in using.
The document discusses various federal laws and constitutional amendments that prohibit discrimination in employment, including Title VII of the Civil Rights Act of 1964, the Equal Protection Clause of the Fourteenth Amendment, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and laws protecting against discrimination based on sex, religion, pregnancy and family status. It also covers topics like sexual harassment, reasonable accommodations for disabilities, disparate treatment vs disparate impact claims of discrimination, and protections for employees who oppose discriminatory practices.
Employment Discrimination under Texas and Federal Law -- OverviewAdam Kielich
An overview of employment discrimination laws under Texas and federal law presented by Dallas - Fort Worth employment lawyer, Adam Kielich, principal attorney at The Kielich Law Firm in Bedford, Texas.
The document provides an overview of Utah's workers' compensation law, including that covered employers must: 1) secure payment of workers' compensation through the state fund, an authorized insurance company, or self-insurance; and 2) post notices about their coverage. It describes covered employers and employees, exemptions, and limitations on employers, such as a prohibition on retaliation. The Utah Labor Commission administers the state's workers' compensation law.
The document provides an overview of employment law and at-will employment. It discusses what employment law encompasses, including laws around hiring, termination, wages/benefits, discrimination, and privacy. At-will employment allows employers or employees to terminate the work relationship at any time for any non-discriminatory reason. The document then examines some key employment law concepts like discrimination, fair pay, and privacy in more detail.
The document outlines Canada's human rights framework and protections against discrimination and harassment. It defines discrimination and harassment, including sexual harassment. It describes prohibited grounds for discrimination under the Canadian Human Rights Act and discusses how to deal with complaints of discrimination or harassment, noting that both employers and employees can be held liable. The document provides examples of what would and would not constitute harassment and recommends community-based alternatives for resolving human rights disputes.
The document summarizes topics to consider for employers transitioning employees back to the workplace or continuing telework arrangements after the COVID-19 pandemic. Key compliance obligations remain unchanged, including requirements under the FLSA regarding tracking and paying employees for all work hours. Employers should update policies on recording work hours, conducting work, data privacy, and managing conduct for remote employees. Providing accommodations, preventing discrimination, ensuring workplace safety and complying with leave and benefit laws also require attention.
This situation requires sensitivity and care. While the employee's condition at work raises valid safety concerns, her disclosure of medical condition status warrants discretion and consideration for her privacy and dignity. The wisest path is to discuss options respectfully with the goal of an agreeable resolution that protects all parties' well-being and rights.
Employers in Utah can fire their employees for any reason or no reason at all. There are limitations to this rule - you can't fire an employee, for example, based on race, gender, religion, or age, or if doing so would breach a contract. You also can't fire an employee if doing so would violate "public policy." This presentation walks through this third limitation on Utah's at-will doctrine, its scope and its pitfalls, and the ways to potentially avoid its traps.
This document provides an overview of employment discrimination laws. It begins with learning objectives about describing laws prohibiting discrimination, understanding Title VII, categories of discrimination, and harassment. It then covers specific laws like Title VII, the Age Discrimination in Employment Act, Americans with Disabilities Act and types of discrimination claims. Defenses to discrimination are discussed along with employer liability for harassment.
There have been a number of new developments this year. Christina discusses new federal and state initiatives, new case law and other developments that directly affect employers.
The document summarizes key topics around equal employment opportunity laws in the United States, including:
- The three major branches of government that influence employment law: legislative, executive, and judicial.
- Major federal anti-discrimination laws like Title VII, ADA, ADEA that prohibit discrimination based on characteristics like race, disability status, and age.
- Theories of discrimination employers may face, like disparate treatment, disparate impact, and the standards of proof required for each.
- Enforcement agencies responsible for enforcing equal opportunity laws, primarily the EEOC, and their investigatory and regulatory powers.
- Emerging issues around topics like sexual harassment, retaliation, and reasonable accommodation for
The document discusses disability equal employment opportunity laws in the United States, including the Americans with Disabilities Act and amendments. It provides definitions of disability, accommodation, and other key terms. It also summarizes several important court cases related to disability discrimination in employment. Overall, the document outlines the legal framework and history around disability rights in the workplace in the US.
The document discusses discrimination and harassment laws in Queensland. It notes that Queensland only enacted discrimination laws in 1991, while federal discrimination laws were enacted in 1984. It outlines that Queensland's Anti-Discrimination Act of 1991 prohibits discrimination in employment, education, accommodation, and goods and services based on characteristics like gender, race, age, and disability. The document also defines and provides examples of direct and indirect discrimination. It discusses exceptions to discrimination laws, such as when a characteristic is a genuine occupational requirement. Finally, it covers sexual harassment and how to make a harassment complaint.
Job discrimination can take many forms and negatively impact individuals and groups. Discrimination in employment involves decisions not made based on individual merit but rather from prejudice regarding things like race or sex. Both intentional and unintentional discrimination can occur at the individual or institutional level. Evidence of job discrimination includes statistical differences in outcomes, attitudinal biases, and differences experienced by gender and race. Affirmative action laws aim to promote fairness and compensate for past harms, but are also controversial. Discrimination creates inefficiencies and violates principles of rights, justice, and utility.
This document summarizes a seminar on social media in the workplace. It discusses trends in social media policies and the National Labor Relations Act. It outlines how companies can use social media to boost their brand, engage customers and employees, and for hiring. However, it also notes risks like misleading content and privacy issues. The document provides best practices for companies and employees regarding social media use, including designating authorized publishers, avoiding disclosing confidential information, and including disclaimers on personal accounts.
The document summarizes key topics from a seminar on employment law, including:
1) Marijuana legalization and workplace policies on marijuana use, testing, and accommodating medical marijuana.
2) An overview of the current state of the COVID-19 pandemic and challenges of remote work, such as employee isolation, mental health, and new performance management systems.
3) Legal issues employers should consider regarding remote work, such as drafting remote work policies, ensuring compliance with exempt/non-exempt status, workplace safety for home offices, and multi-state tax and law compliance.
Too Much Information: The Use and Misuse of Pre-Employment Inquiries, Applica...Parsons Behle & Latimer
This document summarizes a seminar on pre-employment inquiries, applications, background checks, and credit checks. It discusses key principles such as only asking questions related to job qualifications and not discriminating against protected classes. It also reviews which questions are allowed or not allowed during different stages of hiring like applications and interviews. The document provides an overview of laws governing these areas like Title VII, ADA, GINA, and FCRA and explains employer responsibilities and best practices for compliance.
The document covers many important topics such as:
1) Unethical workplace behaviors include lying, theft, and discrimination which should be documented and reported.
2) Laws establish minimum wage, family leave, and prohibit discrimination based on characteristics like gender or disability.
3) Sexual harassment can include unwanted advances or hostile environments and should be reported to supervisors or EEOC.
The Essentials of EEO and Affirmative Action ComplianceKPADealerWebinars
This document provides an overview of equal employment opportunity and affirmative action compliance. It defines discrimination and protected classes under discrimination laws. It summarizes several landmark discrimination laws such as the Civil Rights Act, Americans with Disabilities Act, and Pregnancy Discrimination Act. It also discusses reasonable accommodations, religious accommodations, sexual harassment, and the differences between equal opportunity employment and affirmative action.
This document summarizes a seminar on LGBT rights in the workplace. It defines key terms like sexual orientation and gender identity. It discusses the current status of discrimination law in Idaho and at the federal level. It outlines developments at the EEOC regarding Title VII protections for LGBT individuals. It also reviews the Affordable Care Act, FMLA, executive orders, and best practices for employers regarding LGBT nondiscrimination policies.
Employment Law and Freedom of Speech: What Can and Can’t Employers Do When Em...Meyers Nave
Employees have become increasingly vocal in expressing their political, cultural, and social views on- and off-duty. How can employers protect employee freedoms while maintaining a welcoming workplace, limiting discord and division, and preserving the organization’s values and reputation? These questions have been top-of-mind for employers, as employee self-expression has increased in volume and intensity with recent high-profile movements and events, including #MeToo, Black Lives Matter, and the violent storming of the U.S. Capitol on January 6.
Meyers Nave attorneys Arlene Yang and David Mehretu provided a webinar to help private and public employers navigate this nuanced legal arena and its complex practical considerations.
The Webinar Covers:
First Amendment and employment law
Special concerns of public employers, especially concerning public safety employees
Social media policies
Policies and litigation regarding workplace attire
Collective bargaining and the National Labor Relations Act
California laws prohibiting retaliation for engaging in political activity
Intricacies of internal message boards and discussion groups
Challenges regulating employee self-expression in the work from home environment
The document discusses various federal laws and constitutional amendments that prohibit discrimination in employment, including Title VII of the Civil Rights Act of 1964, the Equal Protection Clause of the Fourteenth Amendment, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and laws protecting against discrimination based on sex, religion, pregnancy and family status. It also covers topics like sexual harassment, reasonable accommodations for disabilities, disparate treatment vs disparate impact claims of discrimination, and protections for employees who oppose discriminatory practices.
Employment Discrimination under Texas and Federal Law -- OverviewAdam Kielich
An overview of employment discrimination laws under Texas and federal law presented by Dallas - Fort Worth employment lawyer, Adam Kielich, principal attorney at The Kielich Law Firm in Bedford, Texas.
The document provides an overview of Utah's workers' compensation law, including that covered employers must: 1) secure payment of workers' compensation through the state fund, an authorized insurance company, or self-insurance; and 2) post notices about their coverage. It describes covered employers and employees, exemptions, and limitations on employers, such as a prohibition on retaliation. The Utah Labor Commission administers the state's workers' compensation law.
The document provides an overview of employment law and at-will employment. It discusses what employment law encompasses, including laws around hiring, termination, wages/benefits, discrimination, and privacy. At-will employment allows employers or employees to terminate the work relationship at any time for any non-discriminatory reason. The document then examines some key employment law concepts like discrimination, fair pay, and privacy in more detail.
The document outlines Canada's human rights framework and protections against discrimination and harassment. It defines discrimination and harassment, including sexual harassment. It describes prohibited grounds for discrimination under the Canadian Human Rights Act and discusses how to deal with complaints of discrimination or harassment, noting that both employers and employees can be held liable. The document provides examples of what would and would not constitute harassment and recommends community-based alternatives for resolving human rights disputes.
The document summarizes topics to consider for employers transitioning employees back to the workplace or continuing telework arrangements after the COVID-19 pandemic. Key compliance obligations remain unchanged, including requirements under the FLSA regarding tracking and paying employees for all work hours. Employers should update policies on recording work hours, conducting work, data privacy, and managing conduct for remote employees. Providing accommodations, preventing discrimination, ensuring workplace safety and complying with leave and benefit laws also require attention.
This situation requires sensitivity and care. While the employee's condition at work raises valid safety concerns, her disclosure of medical condition status warrants discretion and consideration for her privacy and dignity. The wisest path is to discuss options respectfully with the goal of an agreeable resolution that protects all parties' well-being and rights.
Employers in Utah can fire their employees for any reason or no reason at all. There are limitations to this rule - you can't fire an employee, for example, based on race, gender, religion, or age, or if doing so would breach a contract. You also can't fire an employee if doing so would violate "public policy." This presentation walks through this third limitation on Utah's at-will doctrine, its scope and its pitfalls, and the ways to potentially avoid its traps.
This document provides an overview of employment discrimination laws. It begins with learning objectives about describing laws prohibiting discrimination, understanding Title VII, categories of discrimination, and harassment. It then covers specific laws like Title VII, the Age Discrimination in Employment Act, Americans with Disabilities Act and types of discrimination claims. Defenses to discrimination are discussed along with employer liability for harassment.
There have been a number of new developments this year. Christina discusses new federal and state initiatives, new case law and other developments that directly affect employers.
The document summarizes key topics around equal employment opportunity laws in the United States, including:
- The three major branches of government that influence employment law: legislative, executive, and judicial.
- Major federal anti-discrimination laws like Title VII, ADA, ADEA that prohibit discrimination based on characteristics like race, disability status, and age.
- Theories of discrimination employers may face, like disparate treatment, disparate impact, and the standards of proof required for each.
- Enforcement agencies responsible for enforcing equal opportunity laws, primarily the EEOC, and their investigatory and regulatory powers.
- Emerging issues around topics like sexual harassment, retaliation, and reasonable accommodation for
The document discusses disability equal employment opportunity laws in the United States, including the Americans with Disabilities Act and amendments. It provides definitions of disability, accommodation, and other key terms. It also summarizes several important court cases related to disability discrimination in employment. Overall, the document outlines the legal framework and history around disability rights in the workplace in the US.
The document discusses discrimination and harassment laws in Queensland. It notes that Queensland only enacted discrimination laws in 1991, while federal discrimination laws were enacted in 1984. It outlines that Queensland's Anti-Discrimination Act of 1991 prohibits discrimination in employment, education, accommodation, and goods and services based on characteristics like gender, race, age, and disability. The document also defines and provides examples of direct and indirect discrimination. It discusses exceptions to discrimination laws, such as when a characteristic is a genuine occupational requirement. Finally, it covers sexual harassment and how to make a harassment complaint.
Job discrimination can take many forms and negatively impact individuals and groups. Discrimination in employment involves decisions not made based on individual merit but rather from prejudice regarding things like race or sex. Both intentional and unintentional discrimination can occur at the individual or institutional level. Evidence of job discrimination includes statistical differences in outcomes, attitudinal biases, and differences experienced by gender and race. Affirmative action laws aim to promote fairness and compensate for past harms, but are also controversial. Discrimination creates inefficiencies and violates principles of rights, justice, and utility.
This document summarizes a seminar on social media in the workplace. It discusses trends in social media policies and the National Labor Relations Act. It outlines how companies can use social media to boost their brand, engage customers and employees, and for hiring. However, it also notes risks like misleading content and privacy issues. The document provides best practices for companies and employees regarding social media use, including designating authorized publishers, avoiding disclosing confidential information, and including disclaimers on personal accounts.
The document summarizes key topics from a seminar on employment law, including:
1) Marijuana legalization and workplace policies on marijuana use, testing, and accommodating medical marijuana.
2) An overview of the current state of the COVID-19 pandemic and challenges of remote work, such as employee isolation, mental health, and new performance management systems.
3) Legal issues employers should consider regarding remote work, such as drafting remote work policies, ensuring compliance with exempt/non-exempt status, workplace safety for home offices, and multi-state tax and law compliance.
Too Much Information: The Use and Misuse of Pre-Employment Inquiries, Applica...Parsons Behle & Latimer
This document summarizes a seminar on pre-employment inquiries, applications, background checks, and credit checks. It discusses key principles such as only asking questions related to job qualifications and not discriminating against protected classes. It also reviews which questions are allowed or not allowed during different stages of hiring like applications and interviews. The document provides an overview of laws governing these areas like Title VII, ADA, GINA, and FCRA and explains employer responsibilities and best practices for compliance.
The document covers many important topics such as:
1) Unethical workplace behaviors include lying, theft, and discrimination which should be documented and reported.
2) Laws establish minimum wage, family leave, and prohibit discrimination based on characteristics like gender or disability.
3) Sexual harassment can include unwanted advances or hostile environments and should be reported to supervisors or EEOC.
The Essentials of EEO and Affirmative Action ComplianceKPADealerWebinars
This document provides an overview of equal employment opportunity and affirmative action compliance. It defines discrimination and protected classes under discrimination laws. It summarizes several landmark discrimination laws such as the Civil Rights Act, Americans with Disabilities Act, and Pregnancy Discrimination Act. It also discusses reasonable accommodations, religious accommodations, sexual harassment, and the differences between equal opportunity employment and affirmative action.
This document summarizes a seminar on LGBT rights in the workplace. It defines key terms like sexual orientation and gender identity. It discusses the current status of discrimination law in Idaho and at the federal level. It outlines developments at the EEOC regarding Title VII protections for LGBT individuals. It also reviews the Affordable Care Act, FMLA, executive orders, and best practices for employers regarding LGBT nondiscrimination policies.
Employment Law and Freedom of Speech: What Can and Can’t Employers Do When Em...Meyers Nave
Employees have become increasingly vocal in expressing their political, cultural, and social views on- and off-duty. How can employers protect employee freedoms while maintaining a welcoming workplace, limiting discord and division, and preserving the organization’s values and reputation? These questions have been top-of-mind for employers, as employee self-expression has increased in volume and intensity with recent high-profile movements and events, including #MeToo, Black Lives Matter, and the violent storming of the U.S. Capitol on January 6.
Meyers Nave attorneys Arlene Yang and David Mehretu provided a webinar to help private and public employers navigate this nuanced legal arena and its complex practical considerations.
The Webinar Covers:
First Amendment and employment law
Special concerns of public employers, especially concerning public safety employees
Social media policies
Policies and litigation regarding workplace attire
Collective bargaining and the National Labor Relations Act
California laws prohibiting retaliation for engaging in political activity
Intricacies of internal message boards and discussion groups
Challenges regulating employee self-expression in the work from home environment
CH. 4. Is there an ironic dimension of whistle-blowing with respecMorganLudwig40
CH. 4. Is there an ironic dimension of whistle-blowing with respect to employee loyalty? Give two examples of this phenomenon.
First, there are professions who are protected by virtue of the law. According to Boatright and Smith, “An agent is a person who is engaged to act in the interest of another person (called the principal) and is authorized to act on that person behalf” (2017, pg. 69). Individuals such as lawyers work on behalf of their principal client”. If a member of society is arrested for armed robbery, the lawyer has an obligation to the principal to serve and protect their interest to the best of their ability. The client may not have the they adequate law knowledge and experience necessary to defend themselves. The principle must rely on the fiduciary duty of a lawyer to protect their self-interest. In this case, it is the duty of the lawyer to act on the behalf of the client as if they were defending themselves.
Second, there are the three types of employees which economist Albert O. Hirshcman describes to the relationship between a whistle-blower and a loyalty. Mr. Hirshcman describes the three types as Exit, Voice, and Loyalty.
The Exit type are those employees who are dissatisfied with the current condition and see no change for the better in the foreseeable future. Dissatisfied with the current situation these employees exit the company.
The Voice type speak up within the organization and wait for change. They follow the chain of command in hopes of change which may or may not occur.
Finally, the Loyalty type are employees within an organization who desire to remain and watch the organization flourish. Boatright and Smith say that “Loyalty is a factor that keeps people from exiting an organization, but, at the same time, activates the voice option” (2017, pg.175). It seems difficult to fathom that the most loyal are the whistle-blowers, however, due to their commitment, they want to see the company succeed.
CH> 7. What is the meaning of discrimination in employment, the legal distinction between disparate treatment and disparity impact, and what are the various forms of discrimination?
Discrimination in employment is a form of unjust “…decisions employers make hiring, promotion, pay, fringe benefits, and the other terms and conditions of employment…” (Boatright and Smith, 2017, pg. 135). Discrimination occurs when a group of people are excluded from having an employment opportunity due to a preconceived notion which stems from the employer.
Disparate treatment is a way to prove illegal employment discrimination. An employee who makes a disparate treatment claim alleges that he or she was treated differently than other employees who were similarly situated, and that the difference was based on a protected characteristic (Nolo, 2020).
Disparate impact is like disparate treatment when the effect produces the comparable results. In the case of Griggs v. Duke Power Company, Duke Power created regulations which were aimed a ...
This document summarizes new issues related to family responsibilities discrimination for employers. It discusses the EEOC's expanded view of protections for employees with caregiving responsibilities. Family responsibilities discrimination includes discrimination related to pregnancy, maternity leave, caring for children or elderly parents, and can include gender, racial, or disability-related discrimination. Litigation over family responsibilities discrimination has increased 400% in the past decade, with employees winning about half of cases and average verdicts over $500,000. The document advises employers to be aware and concerned about this developing area of discrimination law.
The document discusses employers' rights to communicate their opinions about political issues like the minimum wage referendum to employees in New Jersey. It outlines that employers have First Amendment and NLRA rights to hold mandatory meetings to express their views, and that the New Jersey statute restricting employer communications about political matters is likely unconstitutional. The document provides guidance for employers on expressing their opinion to employees about the minimum wage vote, including making attendance mandatory and separating worker and supervisor meetings.
This document summarizes a presentation given by attorneys Mark Tolman and Sean Monson on employee retention. It discusses common reasons why employees leave, including better pay elsewhere, feeling overworked or underappreciated. It also addresses the current worker shortage and provides suggestions for how employers can retain employees, such as effective onboarding, mentorship programs, competitive pay and benefits, flexibility, and diversity policies. The document then discusses legal issues relating to medical marijuana in the workplace and "canceling" employees. It concludes with a discussion of recent unionization efforts and protected concerted activities under the National Labor Relations Act.
ITS 835Chapter 15Embedding ERM into Strate.docxdonnajames55
ITS 835
Chapter 15
Embedding ERM into Strategic Planning at the City of
Edmonton
Enterprise Risk Management
Professor Miguel Buleje
Introduction
Edmonton – Past and present ERM
Links to strategic plan and to other strategic tools
Selecting and testing tools and framework
Recommended strategic ERM approach
Lessons learned
Edmonton – Past and Present ERM
Edmonton – Capital of Alberta, Canada
Over 800,00 population. Projecting 900,000 by this year.
ERM piloted in 2005
CORPORATE Business Risk Planning (CBRP) model
Not fully implemented
Based on COSO
Adopted strategic plan
The Way Ahead
Strategic ERM
Links to Strategic Plan
6 strategic objectives
3 key areas
ERM
Budgeting
Performance measurement.
4
Selecting and Testing Tools and Framework
The ways, takes into consideration 6 dimensions as we discussion prior.
Implementation of the WAYS part of the overall strategic plan
5
Selecting and Testing Tools and Framework
Pm 2 Score Risk score Card process diagram
5 steps determine Risk
6
Strategic Goals and Objectives
Risks and Strategic Objectives
ISO 31000 Risk Management
ISO 31000 - Risk Management process chart
Similar approach
9
PM2 versus ISO 31000
Proposed ERM Framework
Lessons Learned
Key success factors
Senior management buy-in
Culture of innovation
Consistency of model across goals
Resource requirements for department SMEs
Department accountability for key risks
Process of selecting and implementing framework
Takes longer than expected
No system is perfect
Do not roll out all at once
Clearly define all milestones and deliverables
The Civil Right Act 1964
Title XI - Community Relations Service
Completely banned the discriminations in the public places to maintain the communal relation services
Hallmark of American Civil Rights movement
People including all the societies have equal voting rights
Safety of the people against biased action
The Civil Right Act 1964 is the hallmark of American civil rights movement where it disclose the key facts about the discriminations and all the people in the society should treats equally without any biased attitude based on the personal characteristics of the people.
Under this law, people have equal voting rights by completely removing the registration procedures and requirements for the safety of the people against biased actions towards minorities.
This act also completely banned the discriminations in the public places in the interstate commerce and furthermore added several amendments to boost this act and give equal rights to all the citizens (Right, 2015),
1
Community relation services benefits the minority people
Giving equal rights to all the people
John F Kenny proposed this act
Improve the social life for the minority people
The Civil Right Act 1964
Title XI - Community Relations Service
Moving forward with this act, it also applies .
1. The document discusses South Africa's Employment Equity Act and its aims of promoting equal opportunity and eliminating unfair discrimination in the workplace.
2. It requires designated employers to implement affirmative action measures to achieve equitable representation of designated groups (black people, women, people with disabilities) in all occupational categories. This includes identifying and removing barriers, training, and preferential treatment but not quotas.
3. Employers must consult with employees, conduct an analysis, prepare an employment equity plan, and report on progress to the Director-General. Medical and psychological testing of employees is also regulated.
Under the employment at will doctrine, employers can terminate employees at any time for any reason. This leads to a lack of job security for employees. While employers have significant freedom to hire and fire, employees should still have some basic rights in the workplace such as freedom of speech, right to privacy, and protection from discrimination. When terminating an employee, employers must ensure they are not violating any anti-discrimination or other employment laws.
Operations ForecastingGrading GuideOPS571 Version 72.docxcherishwinsland
Operations Forecasting
Grading Guide
OPS/571 Version 7
2
Purpose of Assignment
Content
Met
Partially Met
Not Met
Comments:
Selected a business operations dataset from the internet or other sources which can be used for forecasting in the University Library.
Developed a minimum of three quantitative forecasts using Microsoft® Excel®.
Compared and contrasted each quantitative forecast developed.
Chose the one forecast determined to be the best for the firm and be prepared to explain why you chose this.
Evaluated the impact this forecast would have on the firm from a financial metrics standpoint.
Developed a 700-word report describing your Forecasting Project including details on all the assignment steps.
Total Available
Total Earned
5
#/5
Writing Guidelines
Met
Partially Met
Not Met
Comments:
The paper—including tables and graphs, headings, title page, and reference page—is consistent with APA formatting guidelines and meets course-level requirements.
Intellectual property is recognized with in-text citations and a reference page.
Paragraph and sentence transitions are present, logical, and maintain the flow throughout the paper.
Sentences are complete, clear, and concise.
Rules of grammar and usage are followed including spelling and punctuation.
Total Available
Total Earned
2
#/2
Assignment Total
#
7
#/7
Additional comments:
STUDY GUIDE
Citing:
Shafritz, J. M., Russell, E. W., & Borick, C. P. (2013). Introducing public administration
(8th ed.). Upper Saddle River, NJ: Pearson.
Social Equity
Unit Lesson
Social equity is the fairness in the delivery of public services and that each citizen has a right to be given equal treatment by the political system. The 20th century has witnessed an outpouring of information regarding social equity and legislation that gave new rights to workers, women, and minorities. This has even been taken one step further as social equity has become one of the many criterions for evaluating the desirability of any public or policy program. Race can be defined as a large group of people with common characteristics presumed to be transmitted inherently. These would include, but is not limited to color of hair, skin, eyes, and emotions (in a more subtle order). One of the many hot topics dealing with race is the administration of the public affairs of a multiracial society. Equal Employment Opportunity (EEO) is a concept fraught with political, cultural, and emotional connotations as it applies to a set of employment procedures that prevent an individual from being excluded from the hiring process based on race, color, sex, religion, age, etc. There is a fine line, however, with this type of practice that has been developed. That is, for some, gaining employment is as simple as possessing the minimum requirements as stated in the job announcement. Only the courts have been able to say when and where there is an issue with EEO.
It was not u.
e eBook Collection643Part The Employer-Employee Relationsh.docxsagarlesley
e eBook Collection
643
Part
>> The Employer-Employee Relationship
Consistent with the property theme of
this text, it is important to understand
that employment and labor laws affect
the property interest you have in selling your
labor. This final section discusses the complexity
of those relationships. As you study these chapters,
consider the historical development of the
law, including how it must continually evolve
to address technology developments, changing
social values and economic issues affecting the
workplace. Employment and labor laws reflect
the constant need for balance between the rights
and responsibilities of employers and employees.
Because the United States enjoys a diverse
population, it is important to ensure that workers
are not discriminated against, including in
the hiring, promoting, and firing process. Chapter
20 details federal laws prohibiting workplace
discrimination, specifically discussing the prohibitions
on employment discrimination based on
race, sex, national origin, color, pregnancy, age,
and disabilities. This chapter focuses on what constitutes
illegal discrimination in the workplace,
including employment practices—even those that
may seem well intentioned on their face—that
may be challenged as discriminatory. In addition
to federal protections, this chapter notes that
state laws may offer additional protection against
workplace discrimination. Taken together, these
laws form the framework for fair competition in
a workplace free of unlawful discrimination.
Chapter 21 describes other major employment
laws, including rules regarding minimum
wage and overtime, mass layoffs, family and
medical leave, workplace safety & workers’
compensation, as well as the limits of employee
privacy at work. All of these laws provide important
protections for workers and further define
the employer–employee relationship. The scope
of the employment-at-will doctrine is also presented,
along with ways an employer can protect
itself from an unjustified lawsuit.
The final chapter in the text, Chapter 22,
focuses on labor laws that permit employees to
organize their labor through unions. Although
they have been met with challenges in the twentyfirst
century, unions continue to play an important
role in the U.S. labor market. The development of
labor law in the U.S. illustrates the long history of
seeking to protect workers. This chapter presents
the major labor laws and helps students to identify
unfair labor practices by management and
unions. This chapter also incorporates current
issues important to unions. Many unions maintain
active political agendas on behalf of their
members, including the role of being high-profile
advocates during political elections and on laborrelated
topics such as international trade. Labor
advocates are very vocal about the kinds of provisions
that could be incorporated into trade agreements
to allow U.S. workers to compete on a
level playing field. For example, a number of free
trade agreements di ...
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Dr. William Allan Kritsonis, School Law, Employment Relationships, Termination, School District Restrictions, Law for Teachers, Due Process, Discrimination of Employment.
In 2005, Dr. Kritsonis was an Invited Visiting Lecturer at the Oxford Round Table at Oriel College in the University of Oxford, Oxford, England. His lecture was entitled the Ways of Knowing Through the Realms of Meaning.
ETHICS, LAW AND CORPORATE SOCIAL RESPONSIBILITY -
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This document discusses managing controversial employees in the workplace, including political activists, body artists, religious "cultists", and transgendered employees. It outlines examples of issues that can arise with each group and provides best practices and guidelines for employers to address these issues legally and minimize potential conflicts, including developing thoughtful policies, consistent enforcement, employee education, and reasonable accommodations when needed.
Microsoft provided many of the accommodations requested by an employee with Autism Spectrum Disorder, but rejected some that would have excused the employee from performing essential job functions as an Enterprise Architect. These essential functions included communicating ideas to clients, responding quickly to clients under dynamic conditions, and handling basic administrative tasks. When negotiations over alternative accommodations were unsuccessful, Microsoft placed the employee on job reassignment but the employee did not pursue other positions. The court concluded Microsoft did not fail to reasonably accommodate the employee.
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Business law for the students of undergraduate level. The presentation contains the summary of all the chapters under the syllabus of State University, Contract Act, Sale of Goods Act, Negotiable Instrument Act, Partnership Act, Limited Liability Act, Consumer Protection Act.
Guide on the use of Artificial Intelligence-based tools by lawyers and law fi...Massimo Talia
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against which they can evaluate those classes of AI applications that are probably the most relevant for them.
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Being a Paper Presented at Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN) on Friday, August 18, 2023.
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Political Speech in the Workplace
1. Ninth Annual Boise Employment Law Seminar
S E P T E M B E R 2 2 , 2 0 2 1 | B O I S E C E N T R E E A S T | B O I S E , I D A H O
par s ons behle.c om
B O I S E | I D A H O FA L L S | L E H I | R E N O | S A LT L A K E C I T Y
Political Speech in the Workplace
Christina M. Jepson
801.536.6820 | cjepson@parsonsbehle.com
2. Case Study: Whole Foods
https://www.youtube.com/watch?v=CPhIDJZtVk8&t=3s
3. 3
Whole Foods’ Dress Code Policy
• Whole Foods has a dress code policy that prohibits employees from
wearing clothing with visible slogans, messages, logos, and/or advertising
that are not Whole Foods-related
• A group of Whole Foods employees claimed they were sent home for
wearing masks and other attire with Black Lives Matter logos and received
disciplinary points that could result in termination or prevent them from
receiving annual raises
• They also claimed that Whole Foods had generally not enforced the dress
code policy in the past when employees wore items with other messaging
(such as LGBTQ+, NRA, and SpongeBob SquarePants symbols).
4. 4
Whole Foods Lawsuit
• Group of employees filed a class action lawsuit in federal court
(District of Massachusetts)
• Sued under Title VII (which prohibits race-based discrimination)
• Plaintiffs relied on an “associational discrimination” theory (i.e. that
they were subjected to discrimination for maintaining a relationship
with a member of a particular race)
5. 5
Outcome of the Whole Foods Lawsuit
• The District Court granted Whole Foods’ Motion to Dismiss on Feb. 5, 2021, holding that the Plaintiffs had
failed to state a claim under Title VII because their allegations demonstrated that Whole Foods treated all
employees wearing BLM attire equally, regardless of race. The Court explained:
• “It would, of course, be more honorable for [Whole Foods] to enforce their policies consistently
and without regard for the messaging . . . Nevertheless. . . Defendants did not discriminate on the
basis of race. Rather, at worst, [Whole Foods was] selectively enforcing a dress code to
suppress certain speech in the workplace. However unappealing that might be, it is not
conduct made unlawful by Title VII. . . .Whole Foods employees that are not happy with the
Policy can find someplace else to work, express themselves outside the workplace, work with
Whole Foods to change the Policy, and/or publicize the Policy in an effort to get consumers to
spend their dollars elsewhere, but, under the facts alleged here, their redress does not lie with
Title VII.”
Frith v. Whole Foods Mkt., Inc., Civil Action No. 20-cv-11358-ADB, 2021 U.S. Dist. LEXIS 22173, at *28-29 (D. Mass. Feb. 5, 2021).
6. 6
Political Speech – Potential Concerns
Employee’s conduct leads to a “cancel”
movement directed at the Employer
Employee’s conduct leads to public
scrutiny or customer scrutiny
Employee’s conduct or discussions in
the workplace offend others or cause
disruption This Photo by Unknown Author is licensed under CC BY-SA
7. 7
• 42 percent of U.S. employees have personally experienced political
disagreements in the workplace.
• 56 percent of respondents believed the discussion of political issues had
become more common in the prior four years.
• 34 percent of respondents said their workplace was not inclusive of differing
political perspectives.
• Nearly 1 in 5 Americans have quit a job in the past five years due to toxic
workplace culture—costing U.S. companies approximately $223 billion in
turnover.
Source: Society for Human Resource Management – Oct. 2019 Survey; https://www.shrm.org/about-shrm/press-room/press-releases/pages/survey-finds-alarming-rise-of-politics-at-work.aspx
SHRM Survey - 2019
10. 10
Constitutional Considerations
• First Amendment: “Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people peaceably to assemble, and to
petition the Government for a redress of grievances.”
• Idaho Const. Art. I, § 9: “Every person may freely speak, write and publish on
all subjects, being responsible for the abuse of that liberty.”
• Idaho Const. Art. I, § 10: “The people shall have the right to assemble in a
peaceable manner, to consult for their common good; to instruct their
representatives, and to petition the legislature for the redress of grievances.”
11. 11
Differences for Private Sector vs. Public Sector
Employers
• Public employers are “state actors” and therefore are limited by the
Constitution
• Private employers are not “state actors” and therefore are not limited
by the Constitution
• “The First Amendment and Article I, §§ 9 and 10 of the Idaho
Constitution do not apply to alleged restrictions imposed by private
parties.”
Edmondson v. Shearer Lumber Prods., 139 Idaho 172, 177, 75 P.3d 733, 738 (2003).
13. 13
Edmondson v. Shearer Lumber Prods., 139 Idaho 172, 75
P.3d 733 (2003).
• Facts: U.S. Forest Service proposed ending commercial timber harvests
on the Nez Perce National Forest in Idaho
• A group known as “Save Elk City” opposed the Forest Service’s proposal
• Shearer Lumber operated a mill in Elk City, Idaho and its owner worked
with Save Elk City to submit a proposal to a Forest Service Task Force as
to how the Nez Perce National Forest should be managed
• Edmondson was informed that Shearer Lumber wanted its employees to
support its projects “if they wanted to avoid serious consequences.”
14. 14
Edmondson Facts (cont.)
• Shearer suspected that Edmondson opposed and undermined Save Elk
City’s proposal
• Edmondson was terminated with the following explanation: “Because of
your continued involvement in activities that are harmful to the longterm
interests of Shearer Lumber Products, we are terminating your
employment immediately.”
• Edmondson sued Shearer Lumber for wrongful termination, claiming
that—even though Idaho is an at-will employment state—Shearer’s
motivation for his discharge contravened public policy because it was
based on him exercising his constitutionally protected rights of free
speech and association.
15. 15
Edmondson Ruling
• The Court granted summary judgment in favor of Shearer Lumber. The Court
explained:
◦ “[A]n employee does not have a cause of action against a private sector
employer who terminates the employee because of the exercise of the
employee’s constitutional right of free speech.”
◦ “[G]overnmental restrictions on free speech and associative rights of
employees of public agencies . . . are inapplicable in the private employment
context in which Edmondson worked. . . . [S]tate or federal constitutional free
speech cannot, in the absence of state action, be the basis of a public policy
exception in wrongful discharge claims [of private sector employees].”
17. 17
Yes, But Not Many
• The Edmondson case demonstrates that private sector employees
are generally free to restrict political speech in the workplace
• However, the National Labor Relations Act guarantees certain rights
for employees that private sector employees must respect
• Anti-discrimination laws may also provide some “free speech”
(complaining) or limit a company’s ability to be “discriminatory” in
terms of limiting speech (but see Whole Foods)
• Idaho Code § 18-2305 may also create certain restrictions.
18. 18
National Labor Relations Act
• Section 7 of the National Labor Relations Act (NLRA) “guarantees
employees… the right to… engage in other concerted activities for
the purpose of collective bargaining or other mutual aid or
protection.”
• The clause “other mutual aid or protection” provides protection for
employees who join together to discuss political and social activities
that affect the terms and conditions of their employment.
• BUT: Political activity unrelated to employment is not protected
under the NLRA.
19. 19
Idaho Code § 18-2305
• “Every person who, by force, threats, menaces, bribery, or any
corrupt means, either directly or indirectly attempts to influence any
elector in giving his vote, or to deter him from giving the same, or
attempts by any means whatever, to awe, restrain, hinder or disturb
any elector in the free exercise of the right of suffrage . . . is guilty of
a misdemeanor.”
◦ This statute may restrain private sector employers from attempting to
improperly influence their employees’ vote, hindering their employees’ right
and ability to vote, or terminating/threatening to terminate an employee for
exercising their right to vote.
21. 21
Public Employment – Finding the Right Balance
• “[T]he State has interests as an employer in regulating the speech of
its employees that differ significantly from those it possesses in
connection with regulation of the speech of the citizenry in general.
The problem in any case is to arrive at a balance between the
interests of the [employee], as a citizen, in commenting upon
matters of public concern and the interest of the State, as an
employer, in promoting the efficiency of the public services it
performs through its employees.”
Pickering v. Bd. of Educ., 391 U.S. 563, 568, 88 S. Ct. 1731, 1734-35 (1968).
22. 22
Pickering v. Board of Education
• Marvin Pickering was a public-school teacher in Illinois
• He wrote a “letter to the editor” published in local newspaper
regarding a proposed tax increase
• Pickering’s letter was critical of the way the local Board of Education
and superintendent handled past proposals to raise new revenue for
the schools, and how the district allocated financial resources
between the schools' educational and athletic programs
23. 23
Pickering v. Board of Education
• The Board held a hearing and claimed that Pickering’s letter
contained false statements and “unjustifiably impugned” the Board
and administration
• Pickering was terminated
• Pickering sought review of the decision, claiming that his letter was
protected by the First and Fourteenth Amendments
• The Illinois courts upheld his termination, and the case eventually
reached the U.S. Supreme Court
24. 24
Pickering v. Board of Education
• SCOTUS held that Pickering’s 1st Amendment rights were violated. It
explained:
◦ “[S]tatements by public officials on matters of public concern must be
accorded First Amendment protection despite the fact that the statements
are directed at their nominal superiors.”
◦ “[A]bsent proof of false statements knowingly or recklessly made by him, a
teacher's exercise of his right to speak on issues of public importance may
not furnish the basis for his dismissal from public employment.”
Pickering v. Bd. of Educ., 391 U.S. 563 (1968).
25. 25
The Pickering Test - Three Primary Inquiries
1. Is the employee speaking as a citizen or as a public employee?
2. Is the employee speaking on a matter of public concern?
3. Does the employee’s interest in First Amendment expression
outweigh their employer's interest in the efficient operation of the
workplace?
26. 26
1. Is the Employee Speaking as a Citizen or as a
Public Employee?
• Garcetti v. Ceballos, 547 U.S. 410 (2006)
◦ Deputy prosecutor wrote a disposition memorandum explaining his concerns regarding
alleged inaccuracies in an affidavit used to obtain a search warrant in a pending criminal
case. The employee alleged that his supervisors retaliated against him based on his memo.
◦ Supreme Court held that the employee was speaking as an employee because he made the
statements pursuant to his official duties. The Court explained:
“Ceballos wrote his disposition memo because that is part of what he, as a calendar deputy,
was employed to do. It is immaterial whether he experienced some personal gratification from
writing the memo; his First Amendment rights do not depend on his job satisfaction. The
significant point is that the memo was written pursuant to Ceballos' official duties. Restricting
speech that owes its existence to a public employee's professional responsibilities does not
infringe any liberties the employee might have enjoyed as a private citizen.”
27. 27
2. Is the Employee Speaking on a Matter of Public
Concern?
• Sadid v. Idaho State Univ., 151 Idaho 932 (2011)
◦ Sadid was an Idaho State University professor. He publicly criticized the University
in various ads and letters published in a local newspaper.
◦ The publications expressed Sadid’s dislike for the former University President,
disappointment in the current President, and dislike for members of the
administration. In one paid advertisement, Sadid also speculated that Idaho State
University and the University of Idaho were conspiring to shift the engineering
program to the University of Idaho so that Idaho State University could create a
medical school.
◦ Sadid filed a lawsuit claiming that the University retaliated against him for publishing
these items. The alleged retaliation included not performing annual evaluations, not
appointing him to be the chair of his department, and only increasing his salary at
the lowest percentages allowed.
28. 28
Sadid - Idaho Supreme Court’s Holding
• In determining whether any of Plaintiff's speech at issue concerns a
matter of public concern, the inquiry is not his motivation for the
comments or the general tone of his comments.”
• “[T]he appropriate analysis is whether any of his comments involve
matters of public concern.”
◦ “Although much of the communications certainly express [Sadid’s] dislike for the former University
President, disappointment in the current President, and dislike for members of the administration . . .
[Sadid] speculated that Idaho State University and the University of Idaho were conspiring to shift
engineering to the University of Idaho so that Idaho State University could create a medical school.
The issue of a creating a medical school at Idaho State University was a matter of public concern.
Having concluded that there was at least one matter of public concern in his comments, we
need not address whether there were others.”
29. 29
3. Balance the State’s Interests Against the
Employee’s Interests
• “A public employee’s [speech] is not categorically entitled to First
Amendment protection simply because it is speech as a citizen on a
matter of public concern. Under Pickering, if an employee speaks as
a citizen on a matter of public concern, the next question is whether
the government had an adequate justification for treating the
employee differently from any other member of the public based on
the government’s needs as an employer.
Lane v. Franks, 573 U.S. 228, 242, 134 S. Ct. 2369, 2380 (2014)
30. 30
The State’s Interests
• “[G]overnment employers often have legitimate interests in the
effective and efficient fulfillment of their responsibilities to the public,
including promoting efficiency and integrity in the discharge of official
duties, and maintaining proper discipline in public service.’”
• However, “a stronger showing of government interests may be
necessary if the employee’s speech more substantially involves
matters of public concern.”
Lane v. Franks, 573 U.S. 228, 242, 134 S. Ct. 2369, 2381 (2014)
31. 31
The Employee’s Interest
• Public employees have a strong interest, as citizens, in commenting
upon matters of public concern.
• The public also has an interest in hearing from government
employees because “[g]overnment employees are often in the best
position to know what ails the agencies for which they work; [and]
public debate may gain much from their informed opinions”
Waters v. Churchill, 511 U.S. 661, 674 (1994).
32. 32
Considerations When Balancing Interests
• Pertinent considerations in this balancing test are "whether the statement
impairs discipline by superiors or harmony among co-workers, has a detrimental
impact on close working relationships for which personal loyalty and confidence
are necessary, or impedes the performance of the speaker's duties or interferes
with the regular operation of the enterprise.“
Rankin v. McPherson, 483 U.S. 378, 388 (1987).
• “Law enforcement agencies' unique character as paramilitary organizations
justifies greater curtailment of their employees' constitutional rights, given the
employer's—as well as the public's—strong interest in the provision of safe and
effective law enforcement services.
Godwin v. Rogue Valley Youth Corr. Facility, 656 F. App'x 874, 877 (9th Cir. 2016).
34. 34
Scenario
• Mountain Sports is an Idaho sporting goods company located in the
more liberal leaning Ketchum. Its customers tend to be politically to
the left and the Company is careful about its image to ensure that its
customers keep coming back. Mountain Sports has a high-level
employee named George Freemason. George is not so politically left
and he is Q Anon curious. Shortly after the Capitol attack on January
6, 2021, George’s supervisor, Amy, sees photos on CNN that appear
to show George at the Capitol riot and smashing a glass door at the
Capitol building. She alerts HR.
35. 35
Scenario
• While HR is mulling this over, several of Mountain Sports’ customers
contact the company and threaten to “cancel” the Company if it does
not immediately fire George.
• HR and Amy talk to George and he denies that he was at the riot
and denies he broke a window. He says he was hunting that day.
• Other employees start emailing to each other and customers other
photos that appear to be of George at the riot. They add the caption
“Traitor in our Midst.” George hears about this and threatens to sue
the company for defamation.
36. 36
Scenario
• HR begins an investigation and learns that prior to the riots, George
was making a lot of interesting comments in the workplace about his
political views and how Q Anon was fighting immorality.
• HR also learns that George has been posting interesting posts on
FaceBook, Twitter and Parlor about Q Anon conspiracies. HR does a
search of George’s emails, texts sent on his company supplied
phone and social media posts that are open to the public. HR is
shocked to find out how much time George was spending on these
activities at work.
37. 37
Scenario
• IT tells HR that it can probably use George’s phone to determine if
he was near DC on January 6th.
• Some of George’s social media posts are “private” but co-workers
who are social media friends bring in copies of the posts. They show
that George supported the Capitol riots.
• As George hears more about this investigation, he gathers several of
his co-workers who share his views, and they start talking about the
company’s repression of their First Amendment Rights.
38. 38
Scenario
• During the investigation, one co-worker says that she researched
George on the internet and found out that he had a criminal record
for assault with a gun. HR had done a criminal background check
when he was hired but apparently this arrest or conviction happened
a year after he started at the Company.
39. 39
Scenario
• HR cannot figure out what to do. You are an HR consultant, so they
hire you. The Company says to you “please help us with this mess.”
• What if this is a private company?
• What if it was a public sector employer?
41. 41
• The First Amendment and the Idaho Constitution only prohibit the
government from restricting free speech—not private employers.
• Generally, private employers have broad discretion to discipline or
discharge employees because of their political speech to ensure the
employer’s ability to operate a productive workplace. However, the
NLRA protects certain activities, and employers cannot infringe upon
their employees’ right to vote.
• When a public employee speaks as a citizen on a matter of public
concern, the employee’s speech is protected unless the interest of
the state, as an employer, in promoting the efficiency of the public
services it performs through its employees’ outweighs the interests
of the employee in commenting upon matters of public concern.
42. 42
Some companies may want to prepare
and implement a strong “no political
activity” policy with appropriate exceptions
for NLRA and applicable state laws
Practical Tip: No political activity policy
43. 43
Individuals are increasingly turning to social
media to express their political views, and
these posts can become heated and hostile.
Employers should consider implementing
policies to help prevent employees from using
social media or the employer's IT resources to
harass their colleagues or attribute personal
political opinions to the employer.
However, employers must be careful not to
restrict or chill employees' Section 7 rights
under the NLRA.
Practical Tip: Social Media Policies
This Photo by Unknown Author is licensed under CC BY-SA-NC
44. 44
If employer’s policy does permit some workplace discussions of
candidates or issues:
o Remind employees that political discussions must also comply with existing
workplace policies
o Periodically remind employees that company insists on respectful treatment
of all personnel, does not tolerate discrimination, harassment or retaliation,
etc.
o If you limit political expression, limit only the types of expression that might
harm productivity in the workplace, impact customers, clients, vendors or
similar relationships or otherwise disrupt work
o Enforce “political activity” policy even-handedly
Practical Tips
45. 45
May want to implement a non-solicitation policy that prohibits all
forms of solicitation – including political campaigning – during
working time
Practical Tips
46. 46
Remind managers and supervisors to avoid political conversations
or discussions with their subordinates
o Consider company policy language
Practical Tips
47. 47
Remind managers to report employee
complaints, even if complained-of conduct
has political overtones.
Practical Tips
This Photo by Unknown Author is licensed under CC BY-NC-ND
48. 48
Remind managers to evenhandedly enforce dress
code and non-solicitation policies
Enforcement should not be influenced by an
employee’s political views or activities
Practical Tips
49. 49
Communicate with supervisors
regularly during campaign and
election season to ensure that they
understand the importance of
creating a respectful, politically-
neutral, work environment
Practical Tips
This Photo by Unknown Author is licensed under CC BY-SA
50. 50
Be sensitive to potential discrimination, harassment and retaliation
issues.
While political beliefs at work are not protected in the same manner
as, say, religious beliefs, the potential exposure to these types of
claims remains prominent.
Practical Tips
51. 51
Seek counsel before disciplining any employee for his/her political
activities, including missing work to attend a political rally
Seek counsel so workplace handbooks and policies are properly
written to comply with various laws
Practical Tips