ACLU must reinstate employee fired for offensive language, judge rules

The American Civil Liberties Union (ACLU) illegally fired an employee who the group alleged used racist language and discriminated against some co-workers, a National Labor Relations Board (NLRB) judge said. governed Wednesday.

Administrative Law Judge Michael Rosas ruled that Katherine Oh, who served as senior policy advisor, was fired for protected concerted activity, the right of workers to resolve work-related issues guaranteed by the NLRB Act.

The ACLU argued that Oh, who was fired in May 2022, was fired “because she exhibited a tendency to present her complaints using hyperbolic and exaggerated language,” according to the ruling.

The non-governmental organization claimed it tolerated the conduct until Oh “took it to a whole different level” and showed “disrespect” for the well-being of other employees, especially her Black colleagues.

Although Oh was an “outspoken employee and advocate for her colleagues” who sometimes used “harsh” language, Rosas considered the language to be “typical of heated comments” from an employee scrutinizing her managers or working conditions.

Rosas said the ACLU’s allegation that Oh targeted people of color in the workplace “is not borne out by the facts,” noting that she criticized several managers, including white individuals.

A report from the New York Times of the ruling said Oh did not once say a racial slur or invoke race, according to court records, and complained about issues of sexism and the culture of public shaming and verbal abuse.

Rosas said the ACLU’s diplomatic action against Oh was motivated by retaliation for his consistent reporting.

The case was particularly notable because it put the ACLU, one of the country’s most vocal defenders of constitutional freedoms, under a microscope for violating the rights it normally works to uphold.

While the ACLU attempted to promote policies to ensure a “work culture free from discrimination, harassment and retaliation,” it invalidated concerns Oh expressed on social media just days before she was fired.

The post in question took place on April 26, 2022, during which Oh wrote, “I can’t overstate how physically repulsed I feel about working under incompetent/abusive bosses. Just the waves of physical revulsion wash over me and make me feel sick.” ..” according to the filing.

The ACLU argued that this language, among other things, harmed black employees, and its warnings to Oh were ignored.

Rosas ordered the ACLU to reinstate Oh to his previous position or a “substantially equivalent position” and return his pay.

Oh celebrated the decision, writing a statement, “This decision sends a clear message: no one is above the law, including, especially, powerful management officials who claim to defend civil liberties with their words while illegally doing the opposite with their actions.”

The Hill has reached out to the ACLU for comment.

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