NLRB Modified Standard for Addressing Offensive Outbursts in the Course of Protected Activity

Written by Anonymous | Jul 30, 2020 12:00:00 PM

Last week, the National Labor Relations Board (NLRB) modified its standard for addressing the discipline of employees who engage in abusive behavior while also participating in protected activity. The new standard applies the Board’s well-known Wright Line test which has long been used by the board in mixed-motive cases. The previous fact-specific tests for such situations often made it challenging to maintain workplaces that were free of harassment and discrimination.