Do you want to wear a Gadsden Flag symbol to work? You know, the one with coiled rattlesnake bearing the logo “Don’t Treat On Me”? Well, you’re a raaaaacist, via Eugene Volokh
The Equal Employment Opportunity Commission, among its other functions, decides “hostile work environment†harassment claims brought against federal agencies. In doing so, it applies the same legal rules that courts apply to private employers, and that the EEOC follows in deciding whether to sue private employers. The EEOC has already ruled that coworkers’ wearing Confederate flag T-shirts can be punishable harassment (a decision that I think is incorrect); and, unsurprisingly, this is extending to other political speech as well. Here’s an excerpt from Shelton D. [pseudonym] v. Brennan, 2016 WL 3361228, decided by the EEOC two months ago:
I’ll leave it to you to hit the link for the excerpt of the ruling, and note a few things from Mr. Volokh
Instead, this is a case about the rules that all employers, public or private,must follow, on pain of massive legal liability. The harassment law rules (which, as I noted, are the same for private employers as for the federal government) are imposed by the government acting as sovereign — the area where the First Amendment should provide the most protection — not just the government acting as employer.
2. Nothing in the opinion suggests that the cap wearer said anything racist to Shelton D.; I’ve read many such EEOC decisions, and they generally list all the significant allegations of harassment. (I can’t access the specific complaint in the case, because all that information is kept secret in EEOC proceedings.) Shelton D.’s objection was apparently just to the wearing of the flag, and the ideology that he thinks has become associated with the flag. And the claim that the EEOC is allowing to go forward is simply that the cap, in some social or workplace “context†would be reasonably seen as conveying a racially offensive message.
He goes on to note that private employers would feel pressured to restrict this kind of thing under pain of lawsuit and government investigation. And he’s utterly correct. This could apply even to an employee vehicle in the parking lot, or if the hat was removed before entering the workplace. He further discusses people getting upset and complaining if someone has Trump/Pence gear, which would drive liberals nuts.
Really, most contentious stuff should be left out of the workplace, not due to government pressure, but in order to have a more unified, smoother running workplace. But, people are people, and will discuss things. It is interesting to note that it’s pretty much only liberals that will complain, though. Perhaps it’s time for Republicans to complain about all the Democrat material in the workplace. Think the EEOC will rule in favor of removing Black Lives Matter stuff, or Hillary for President?
Regardless, this ruling chills free speech, because companies will want to crack down on anything they see to avoid issues.
The left doesn’t want free speech, and the govt is now simply the bureaucracy of the left.
From political correctness to so-called hate speech to “the science is settled”. The left has been trying to restrict what can be said for decades. And what they ultimately want to restrict are opposing views from even being expressed.
So-called liberals are nothing but closet fascists.
Vote your pocketbook…but a Gadsden Flag hat today
What next from the liberal brown-shirts-banning books?
Whoa, skippy, slow down.
Here’s what the EEOC is saying about the case:
What You Should Know about EEOC and Shelton D. v. U.S. Postal Service (Gadsden Flag case)
•This decision addressed only the procedural issue of whether the Complainant’s allegations of discrimination should be dismissed or investigated. This decision was not on the merits, did not determine that the Gadsden Flag was racist or discriminatory, and did not ban it.
•Given the procedural nature of this appeal and the fact that no investigative record or evidence had been developed yet, it would have been premature and inappropriate for EEOC to determine, one way or the other, the merits of the U.S. Postal Service’s argument that the Gadsden Flag and its slogan do not have any racial connotations whatsoever.
•EEOC’s decision simply ordered the agency – the U.S. Postal Service – to investigate the allegations. EEOC’s decision made no factual or legal determination on whether discrimination actually occurred.
https://www.eeoc.gov/eeoc/newsroom/wysk/gadsden-flag.cfm
We understand that conservatives would prefer to drop the complaint without investigation.
I know that Jeffery has trouble with employment law, but the complaint was investigated in that the Post Office determined that the accuser had failed to file a cognizable compliant. In other words, the Post Office investigated and found that there was no merit to the compliant.
The EEOC then reversed the decision of the Post Office saying that there was a cognizable complaint, but even the decision says that the flag may or may not be perceived in some cases as possibly being racist.
In other words, the EEOC said, we don’t know if there is a complaint but we want you to go back and look at the complaint that you investigated again.
The fact that the EEOC is saying this is procedural shows they are covering up the key issue of whether the flag itself is racist.
It isn’t so move on.
We understand that liberals have to live in a world where they are victims all the time and would prefer to keep minorities as victims.
So you think the EEOC is lying or is engaged in a conspiracy to take away some conservative bling.
Conservatives don’t like it, but the EEOC disagreed with the “thoroughness” of the USPS investigation.
It’s likely the result of the investigations will be that there is no basis for the complaint.
The EEOC has had a horrible record under Obama. They have gotten beaten down by courts more than anyone can remember as being a partisan agency and acting outside their mandates.
Thanks for admitting there was an investigation.
That closes the case,
So the USPS will be proven to be right but after spending dollars on a clearly ridiculous and stupid “claim.”
The process is therefore the penalty which in and of itself is wrong.