The next time an employee argues that he has a First Amendment right to say whatever he wants at work, wear a T-shirt with a controversial message or display a sexually suggestive piece of art in the workplace, tell him that his First Amendment rights stopped the minute he walked through your door.
In fact, First Amendment free-speech protections do not apply in the private workplace. Your responsibility to maintain a harassment-free workplace comes first.
Recent case: A mechanic who worked on company delivery trucks was a member of the Sons of Confederate Veterans. Following a heated political debate, he pasted several Confederate flag stickers on his toolbox.
When a black employee complained that the flags were offensive, the company asked the mechanic to remove them, even offering to buy him a new toolbox. He refused and was fired for violating the company's anti-harassment policy. He sued, citing his First Amendment free-speech rights.
The trial court dismissed the case, and a federal appeals court agreed. Employers have a right to minimizeand avoid liability under federal anti-discrimination laws, and that can mean "preserving a harmonious and efficient work environment," the court said. (Dixon v. Coburg Dairy Inc., No. 02-1266, 4th Cir., 2003)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 14 Tips on Business Etiquette
- Get ahead of the curve by offering anti-Gay bias training
- High Court to review cap on damages
- Pettiness and lousy judgment may be bad, but they don't prove discrimination
- Lost the case? Ask for damages to be spelled out.