Lauren McFerran’s NLRB Allows Racist and Sexist Harassment in the Workplace 

*For Immediate Release*

Lauren McFerran’s NLRB Provides Cover for Bad Union Actors, Allows Racist and Sexist Harassment in the Workplace

New I4AW Report Reveals the Weaponization of Section 7 of the National Labor Relations Act Against Title VII Civil Rights Protections

HAMILTON (May 31, 2024) – A new report released today by Institute for the American Worker (I4AW) reveals that the National Labor Relations Board (NLRB) under Chair Lauren McFerran is willing to excuse racist rhetoric, sexist harassment, and vulgarity in the workplace, as long as it takes place in the context of “union activity.”

The report, titled “Battle of the 7s: Lauren McFerran’s Weaponization of the NLRA Section 7 Against Title VII Civil Rights Protections, Allowing Racist and Sexist Harassment in the Workplace,” is authored by Matthew Mimnaugh, former chief counsel at the Equal Employment Opportunity Commission (EEOC) and I4AW senior fellow. Mimnaugh reveals a striking conflict between the two rules- at the expense of workers- that has been acknowledged and ignored by McFerran.

“This is more than a loophole, it’s a blatant disregard for workplace civility in favor of union activity,” said F. Vincent Vernuccio, president of Institute for the American Worker. “Chair McFerran’s flawed interpretation of NLRA Section 7 denies workers the right to do their jobs in an environment free from harassment. It also restricts employers’ authority to protect their employees.”

In 2023, McFerran’s NLRB ruled in its Lion Elastomers case that Section 7 of the National Labor Relations Act can prevent employers from taking action against employees using blatantly discriminatory or harassing language in the workplace, so long as the comments are made in the context of labor union activity.

Despite that fact, McFerran, who was recently renominated to another term by President Biden, ruled that there should be practically no limitations on union speech during organizing efforts- even when it crosses the line into indecency. The I4AW report details specific, real-life examples of racially and sexually demeaning rhetoric used by union supporters that remain protected under the current NLRB standard.

With no repercussions for such harassment, workers remain continually under threat of racial and sexually demeaning rhetoric in the workplace and on picket lines.

“Workers deserve better,” wrote Matthew Mimnaugh. “Courts should reject the Board’s position.  Moreover, the Senate has the ability to withhold confirmation from any Board nominee who has refused to protect workers against harassment and discrimination.”

The complete Battle of the 7s Report can be found here.

To speak with I4AW President F. Vincent Vernuccio, or report author Matthew Mimnaugh, please email MaryEllen@i4aw.org to set up an interview.

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Institute for the American Worker is a non-profit 501c3 organization that educates policymakers on complex labor legislation and offers policy solutions that benefit the American worker.