Freedom of Speech at Work?

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Despite what you may have read in the news lately in stories surrounding the election or NFL player protests, the First Amendment does not provide a private employee with the right to free speech or freedom of expression at work. Rather, the Constitution’s right to free speech only applies to the government’s attempts to restrict speech. Even then, it’s not absolute.

Employees who work in the private sector do not have First Amendment protection for their speech in the workplace. So, does this mean that you as a private-sector employer can take the absence of a direct First Amendment right as providing free rein to discipline, terminate or retaliate against employees for their speech in the workplace? Well—you guessed it—it depends.

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#MeToo. Now What?

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During the first 24 hours, #MeToo was tweeted more than 500,000 times and the hashtag was used in 12 million Facebook posts. Facebook reported that 45% of users in the United States had a friend who posted a #MeToo status. So, chances are, you or someone you know can say “#MeToo.”

Conversations around sexual harassment, #MeToo, responses by Hollywood and D.C., and so-on have continued.  Through the conversations sparked by #MeToo, it has become obvious that historically sexual harassment victims have been told or feel they should be quiet and tolerate it.  Yet sexual harassment is always illegal. What should you do if you have been or are the current victim of sexual harassment?

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Sexual Harassment and What to Do About It

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The start of a new year in the world of employment law is always busy. Companies, like people, often set goals for achievement with their personnel or training. That makes this the busiest time of year for employment training. The calls for the 2018 new year have focused on protecting against sexual harassment complaints. Just pick up a newspaper, turn on the news, or scroll through Facebook, and it’s easy to see why. So what is sexual harassment, and what can you do to protect your company from a sexual harassment complaint?

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