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ARTICLE · 31 AUGUST 2005

Workplace Conflict: Harassment Laws and Free Speech Rights

Morrison Foerster
Morrison Foerster
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Employees have many legal protections in the private workplace, including the right to work in an environment free from harassment. Employees also have certain free speech rights in the private workplace.

United StatesEmployment and HR
Lloyd Aubry, Jr.
Lloyd Aubry, Jr.
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Morrison & Foerster gratefully acknowledges the assistance of Natalie A. Fleming, a summer association in the firm's San Francisco office, for her assistance in the preparation of this bulletin

Employees have many legal protections in the private workplace, including the right to work in an environment free from harassment. Employees also have certain free speech rights in the private workplace. Yet there are times when these free speech rights and harassment laws collide. This article will discuss conflicts between free speech protections and harassment laws in the private workplace and the implications of these conflicts for employers. The article will begin with an overview of free speech protections and harassment laws. The article will then discuss three cases where California courts have harmonized free speech rights and harassment laws. Finally, the article will provide advice for employers in dealing with these competing interests.

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