Hunter in ‘Law360’ on NLRB Decision Regarding Workplace Profanity

St. Louis Senior Counsel Jerry M. Hunter was quoted July 21 by Law360 concerning the National Labor Relations Board’s (NLRB) decision that makes it easier for employers to fire workers over offensive behavior during strikes and other labor actions. Hunter said the Cooper Tire decision – in which the board said the tire maker had to rehire a striker who said racist comments to replacement workers – wrongly elevated the NLRA over federal discrimination law. "The employer has an obligation under Title VII of the Civil Rights Act of 1964 to prevent harassment, racial, sexual and other types of harassment based on race, sex, color, national origin, etc. in the workplace," Hunter wrote in an email. He is a former NLRB general counsel.