National Dialogue on Sexual Harassment Spills Into Labor Board

The federal labor board could soon be thrust into the ongoing national conversation about workplace sexual harassment.

Broadly stated, the National Labor Relations Board’s existing case law says a worker’s individual harassment complaint should be considered concerted activity protected by federal labor law so long as the worker tries to enlist her co-workers’ help in filing the complaint. The Democratic majority on the board during that 2014 ruling argued that this meets the law’s requirement for “mutual aid” because an individual harassment complaint can improve the workplace for others. The decision overturned a 10-year-old precedent set by the board during ...