Perspective
Jul. 15, 2010
Workplace Harassment and the First Amendment
Greg Valenza of Shaw Valenza examines a 9th Circuit decision on offensive workplace e-mail and First Amendment rights that could make it harder for public-sector employers to shield workers from hateful speech.
A client asks what to do about an employee who is sending out global e-mails to the entire workforce that contain rants against workplace diversity and other cultures. The employee maintains he has a right under the First Amendment to issue such e-mails. But the other employees are offended and registering complaints under the "zero tolerance" harassment policy.
If you rolled your eyes about that First Amendm...
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