NLRB Says Workplace Discussions of Racism Are Protected Activity
Mar 22, 2023

Partner and Chair of CDF's Traditional Labor PracticeMark S. Spring, was recently quoted in the SHRM article on "NLRB Says Workplace Discussions of Racism Are Protected Activity."


"What is crucial in this memo is that another faculty member was involved in the racial discussions. If this discussion was just with the medical school professor and the students, I do not believe the same conclusion could have been reached by the board," said Mark S. Spring, an attorney with CDF Labor Law LLP in Sacramento, Calif. "This board is going to interpret what constitutes concerted activity as broadly as possible, and before disciplining employees or implementing new workplace rules or policies, employers need to think about whether the discipline being imposed could be considered to be an interference with Section 7 rights to engage in concerted activity. This is particularly true for nonunion employers."

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