Update: NLRB General Counsel: Workplace Discussions of Race Are Protected Under the NLRA | Perkins Coie

Employees alleging racism in the workplace received favorable guidance from the National Labor Relations Board (NLRB) in a recent general counsel memorandum. The NLRB’s Office of the General Counsel (the general counsel) released a previously confidential advice memorandum setting forth its position that workplace discussions about racial discrimination are protected as concerted activity under Section 7 of the National Labor Relations Act (NLRA) and, therefore, employees who engage in such discussions are protected from employer retaliation under the NLRA. The NLRB’s position applies not only to union organizing activity but also to a broad range of activities that frequently occur in the workplace. Listen to learn more about the general counsel’s memo, examples from the case, and facts that led to this memo.