Charlotte Garden

Charlotte Garden

Professor of Law
Julius E. Davis Professor of Law

Prof. Charlotte Garden Quoted in the New York Times About NLRB Case of an ACLU Employee Who was Fired 

Professor Charlotte Garden was quoted in the New York Times about an NLRB case of an ACLU employee who was fired. The employee accused the ACLU of a hostile workplace, while in turn, the ACLU alleged the employee of serious misconduct and accusing her of making racist stereotypes. In addition, the employee wrote on Twitter about the accusations. The NLRB brought an unfair labor practices case against the ACLU and the case concluded this past week. A judge is expected to decide in the next few months whether the ACLU has standing to fire the employee. Professor Garden said, “The public nature of her speech does not deprive her of the protection of the National Labor Relations Act.” She added that the burden of proof is on the NLRB, which must convince the judge that the employee’s social media post and her other comments were part of a pattern of speaking out in the workplace. “You could say this is a result of that and is therefore protected,” she said.