Divided NLRB reverses ALJ, finds ACLU lawfully fired attorney who complained of sexism
Key points
- A divided NLRB overturned an administrative law judge's ruling
- The NLRB found the ACLU lawfully fired senior policy counsel Katherine Oh, who had complained of sexism
- The NLRB said the ACLU would have fired her even without her protected activity; Republican members Murphy and Mayer said the ALJ committed a "threshold error"
A divided National Labor Relations Board overturned an administrative law judge and ruled that the ACLU lawfully fired senior policy counsel Katherine Oh, who had made workplace complaints including sexism. The board said in a Friday decision that the ACLU would have fired her even without her protected activity. Chair James Murphy and Scott Mayer said ALJ Michael Rosas committed a "threshold error." This is a decision by the National Labor Relations Board, not a final court ruling.
What employers should do
- Keep complete documentation of termination reasons when employees have made workplace complaints, separating grounds unrelated to protected activity
Policy details
- Jurisdiction
- Federal
- Status
- Enforcement action
- Effective date
- —
- Official source
- Official source pending
Original report: Bloomberg Law News ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.