Employment Practices (as of July 1, 2022)
Q: An employee comes to work with an anti-abortion message
written on his t-shirt. When other employees complain, he responds that his
First Amendment right to free speech is being violated. What should the
employer do?
A: A dangerous, knee-jerk reaction would be to tell the
employee to go home, change his shirt and come back to work. While the First
Amendment does not protect speech in a private workplace (see my prior post on
this topic), the employer should proceed cautiously.
Title VII of the Civil Rights Act and similar state laws protect
employees against religious discrimination. It is quite likely that the t-shirt
wearing employee has strong religious beliefs about abortion. Sending him home
to change and other employment action may be viewed as discrimination. A
better course would be to take a step back (breathe . . .) and call your
employment attorney. Investigating the situation carefully and thoroughly first,
with help from an attorney, could help you diffuse the situation and avoid
potential liability.
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