Calvin Associates, Inc.

post »Conservative Expression May Be Unlawful Harassment, EEOC Says | Constangy, Brooks, Smith & Prophete, LLP – JDSupra 8-5-16

August 10 2016, 8:18 pm

Bruce’s Summary: Could the EEOC feel something (Gadsden Flag symbol, “Don’t Treat On Me”) is a form of racial harassment, even if it “originated in the Revolutionary War in a non-racial context, and has been used to express various non-racial sentiments?”

According to the author, the symbol appears to have been used once by white supremacists in 2014 in connection with the murder of two Las Vegas police officers and African-American firefighters in New Haven, Connecticut, believed (in 2014) that it was racially insensitive.

Based on the above, the EEOC according to the author, in a racial harassment case brought against the U.S. Postal Service, decided that the claim, where the only “harassment” alleged was the co-workers continuing the wear a cap with the above symbol on it to work despite the complainant’s requests that he not, should be investigated.

According to the author, the EEOC did not find that the harassment actually occurred, only that the allegation was worthy of investigation. So what’s next, when someone has a subjective opinion that something they don’t like creates an alleged hostile work environment? Well apparently we will see. “None of the information contained herein should be construed as legal advice, nor are Calvin Associates consultants engaged to offer legal advice. If there is a need for legal advice, please contact and seek the advice of independent legal counsel.”