Free Speech in the COVID-19 Workplace

With the COVID-19 pandemic now extending into the fall and the presidential election fast approaching, tensions are high and employees - whether working remotely or at a physical worksite - are speaking out about issues of critical societal importance. Inevitably some of these employees will cross the line and say or post statements (or wear clothing containing statements) that are objectively offensive or violate workplace rules such as policies prohibiting discrimination and harassment. Others may say or do things that undermine an employer’s efforts to combat COVID-19 and comply with government ordered mandates designed to stop the spread of the coronavirus.

During this complimentary webinar, members of Troutman Pepper’s Labor and Employment practice group will address:

• Free speech rights in the workplace

• The July 2020 NLRB Decision in General Motors modifying the standard for determining whether employees have been lawfully disciplined or discharged after making abusive or offensive statements in the course of otherwise protected activity

• Handling employee communications about hot button issues on social media and elsewhere

• Enforcing virus precautions (e.g. mask mandates and social distancing)