Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

The following is not meant to be legal advice, and may be outdated research.

How free is speech in the workplace.  There was an article in The Recorder on this topic on September 5, 1996.  The California Supreme Court agreed to examine a case that pitted a manager’s free speech guarantees against an employee’s right to be free from racist remarks while on the job.

John Lawrence, the manager, in the case, was accused of routinely cursing and demeaning the employees on the basis of race and poor English.  The First District upheld an injunction because Lawrence’s racist speech had the secondary effect of creating an abusive work environment, in violation of California’s Fair Employment and Housing Act.

The case was analogized to sexual harassment where there was the secondary effect of creating an abusive work environment.  The speech was more than free expression in a rude or impolite manner.  It was considered employment discrimination.