Tom Luetkemeyer Discusses NLRB Abusive Language Ruling in Business Insurance Magazine

Hinshaw partner Tom Luetkemeyer discussed with Judy Greenwald of Business Insurance a recent National Labor Relations Board ruling that adopted the Wright Line standard for evaluating employer action taken in response to abusive or inappropriate workplace speech by employees engaged in 'protected concerted" or union activity.

Luetkemeyer said the ruling "allows employers to police their workforce," and means employers will be able to apply a more definite legal standard knowing that federal labor law now is better aligned with other important federal statutes, such as Title VII, the Americans with Disabilities Act or the Age Discrimination in Employment Act. Employers now should have less concern that dealing with hostile workplace situations might expose them to an unfair labor practice under the NLRA.

"Abusive language ruling clarifies workplace rules: Experts" was published by Business Insurance, August 4, 2020.