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Reply to "Confederate flag in cube"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Federal employment counsel here. HR would probably come to me for a legal opinion. Federal employees have First Amendment rights that the government (acting as their employer) cannot violate except in certain situations. While I haven't researched this issue and this post isn't a legal opinion, I don't believe that this employee could be instructed to put away his Confederate Flag cube and I also don't believe it's an EEO violation. It alone without more does not create a hostile work environment. None of that means that other employees or his manager could not encourage him to be more thoughtful, inclusive, or considerate about his choices. But I suspect that is a non-starter. Federal employees are a diverse group and it is his choice to decorate his cubicle, [b]within certain limitations. [/b] I don't believe that, legally, he has exceeded those limitations.[/quote] What are those certain limitations? There must be more than playboy calendars on the list? But, I do agree that if BLM stuff is allowed, then his flag should be. Both are things I disagree with but I don't see them as fundamentally different.[/quote] The limitations would be whether he services clients of the federal government in his cubicle, and whether those clients could perceive his symbolic speech (the confederate flag) as the government's opinion and be deterred from seeking the government's service. That would entitle the government to place curbs on the employee's speech rights.[/quote]
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