The National Labor Relations Board (NLRB) gave employers more flexibility to discipline or fire employees for abusive conduct when they are engaging in otherwise protected activity under federal labor law.
In recent years, the NLRB has safeguarded employee statements that included profane, racist and sexist remarks if they were made while employees were participating in protected activity under the National Labor Relations Act (NLRA). For example, the board said a profane social media rant and racist remarks made while picketing were shielded by the NLRA.
