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Culture War Roundup for the week of September 8, 2025

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What do you want to say at work that you think you're being prevented from saying because of potential employer liability under "hostile work environment" standards?

It's a matter of standing law that the Civil Rights Act controls what public radio stations that employees may turn on. Google defended -- and the NLRB accepted -- that anti-discrimination law actively required that the company police the speech of its employees. Other cases have held that employers are responsible for even off-premises and after-hours speech by their employees, or where the speech was not even directed from one employee to another.

What makes you think than your employer would have no problem with you saying that even if the potential liability didn't exist?

In some cases, this is plausible as a defense. Several early hostile work environment cases revolved around 'employees' who were already fired by their employer, with the lawsuit between plaintiff and employer revolving around whether the employer should have acted sooner.

In other cases, it's hard to even separate matters; there's now a strong convention against nudie mags in even the bluest-collar of blue collar jobs, and of course no employer wants their workers to be staring at breasts while on the job today. Would that have been considered as unacceptable without thirty years of HR hammering into every employer and employee?

But in most, it's not especially defensible. We just had a big court case about an employer making fun of an employee for being gay (and fat); the only reason the employer won (after a long and uncertain court case) was because everyone agreed this job was ministerial, not Because Free Speech Uber Allies. And the employer very clearly did not want to apply the anti-'hostile work environment' policy, given that they probably spent tens or thousands of dollars defending their not complying with it. There are hundreds of cases like this, almost all of them get no legal defense, and that's before getting to the wide variety that no one defies even when they want to because they know they're fucked.

And then you think for ten seconds, and you remember that people put a ton of political capital into not only maintaining but expanding (Bostock! Kinda a big deal!) these policies, and it becomes kinda obvious.