Charlotte Garden

Charlotte Garden

Professor of Law
Julius E. Davis Professor of Law

Prof. Charlotte Garden Quoted in Inkstick About Dissenting Employees in the Defense Industry  

Professor Charlotte Garden was quoted in Inkstick about possible consequences of employees who actively dissent while working for defense contractors. Dissent over U.S. support for Israel’s war on Gaza has rocked workplaces across the country, where firings, rescinded job offers, canceled assignments, and workplace retaliation have been reported by a variety of professionals. Professor Garden said at-will employment is the default for the vast majority of private sector American workers who are not in labor unions which means that workers can be fired for nearly any reason, including for something they said — including comments about Israel or Gaza. “In one sense, of course what the employer does” — such as manufacturing weapons — “affects people’s working conditions,” Garden said. But she added that the National Labor Relations Board has not interpreted the act to mean that discussing working conditions includes an “absolute right” to suggest the employer should have a different mission or achieve it in a different way — for example, if a dissident in the arms industry advocates cutting of weapons to a country that the U.S. government considers an ally.