In this episode of the Employee Survival Guide, Mark discusses Cancel Culture is Illegal at Work!
Canceling someone at work, by what ever means either while at work or on social media, is illegal. Why is it illegal? To cancel a coworker is to hold a bias against that employee because of their physical characteristics. In doing so, you are committing an act of intentional discrimination and violating state and federal laws discussed in the podcast. You are also violating the company code of conduct subjecting you to possible termination, wherein the company legally cancels you! Why would anyone want to do this? It is insane but it’s happening!
If you enjoyed this episode Podcast: Cancel Culture is Illegal at Work! of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts.
For more information, please contact our employment attorneys in Connecticut and New York about your employment case, Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.
The content of this website is provided for information purposes only and does not constitute legal advice nor create an attorney-client relationship. Carey & Associates, P.C. makes no warranty, express or implied, regarding the accuracy of the information contained on this website or to any website to which it is linked to.
Cancel Culture is Illegal at Work!
Transcript:
Unknown: 0:00
Welcome to another edition of the Employee Survival Guide, where you can learn everything your employer does not want you to know about and more. Now, here’s attorney Mark Carey. Hey, it’s mark here and welcome to another edition of the Employee Survival Guide. Today we’re talking about canceled culture and why it’s illegal at work. You were recently canceled by your coworker, what can you do about it? canceled culture was thought to be an election year propaganda issue that would go away. Well, it hasn’t. If you have not heard yet canceled culture is the popular practice of withdrawing support for canceling public figures and companies after they have done or said something considered objectionable or offensive. kancil culture is generally discussed as being performed on social media in the form of group shaming. canceled culture has also evolved into erasing history, encouraging loss, lawlessness, muting citizens, and violating free exchange of ideas, thoughts and speech recently and more troubling, and this is my opinion, canceled culture has morphed into an outright physical assaults on Asian Americans. employment laws prohibit canceled culture, canceling some at work, by whatever means either while at work or in social media is illegal. Why is it illegal to cancel co workers to hold a bias against the employee because of their physical characteristics? In doing so you’re committing an act of intentional discrimination and violating state and federal laws discussed below. You were also violating the company Code of Conduct subjecting you to possible termination. Were on the company legally cancels you. Why would anyone want to do this? It is insane. But it’s it’s happening. There are state and federal statutes, namely title seven, the age discrimination Employment Act, the Americans with Disabilities Act, Pregnancy Discrimination Act, the Equal Protection Act, equal or Equal Pay Act that prohibit discrimination during employment because of that person’s race, color, religion, sex, including gender identity, sexual orientation, and pregnancy, national origin, age 40 and older disability or genetic information. It is also illegal to retaliate against a person because he or she complained about discrimination filed a charge of discrimination or participated in an employment investigation or lawsuit. But don’t I have a right to freedom of speech at work? If you hold the opinion that you have a right to voice your opinion at work? Ie canceling regarding any topic, issue or person, you are grossly misunderstanding your constitutional rights and availing yourself to possible reprimand and termination. Remember, while at work, assuming only non governmental employment here, you have no freedom of speech, with the one exception of whistleblowing communications to management or government agencies, which we have written about in previous podcasts and blogs on this website in the past, so get over to reading. Why would anyone want to jeopardize their income by using kancil culture? My only conclusion is ignorant of the law and utter lack of respect for coworkers aka stupidity. state and federal criminal statutes prohibit canceled culture. state and federal hate crime laws can be used to prosecute actions taken during working hours or rise from the implement relationship. Most states have hate crime laws. Except for Arkansas, South Carolina in Wyoming. Connecticut has a robust series of hate crime laws on the books, quoting the Oh LR research report from state of Connecticut. Quote, can I get as a number of statutes on hate crimes that protect a range of people enhance penalties for bias crimes and allow an injured person to sue for money damages? The primary criminal statutes are the intimidation based on bigotry or bias crimes. Think of like Klu Klux Klan and like your acts there in these statutes provide three degrees of penalties. They address certain actions to intimidate or harass other persons because of actual or perceived race, religion, ethnicity, disability, sexual orientation, or gender identity or expression. Unquote. on the federal level, the following laws make it a federal crime to cancel other employees because of the actual or perceived religion, race, color, national origin, gender, sexual orientation, gender identity and disability. Yes, you can go to jail if you cancel someone at work, either in person or through social media. So you shouldn’t be doing that. There is the now famous Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act of 2009. And I would include this part of the in the podcast because I want you to hear the synopsis of the act so you understand its scope and breadth. The shepherd bird act makes it a federal crime to willfully cause bodily injury or attempt to do so using a dangerous weapon because of the victim’s actual or perceived race, color, religion, or national origin. The Act also extends federal hate crime prohibitions Two crimes committed because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability of any person, only where the crime affected interstate or foreign commerce or occurred within federal special maritime and territorial jurisdiction. The shepherd bird act is the first statute allowing federal criminal prosecution of hate crimes motivated motivated by the victim’s actual or perceived sexual orientation, or gender identity. If you didn’t remember the Mr. Shepard was brutally murdered, because of his sexual orientation, and left to die out in a field somewhere, I believe some his body was strong with barbed wire, etc. But it was a gruesome thing that motivated the the promotion of the statute isn’t a good law that was a little late and coming. And that’s my opinion. There are other federal hate crime statutes related to fair housing, damage to religious property and violent interference with federally protected rights for those individuals participating in federal protected activities such as a public education or implement kancil culture is simply one American. The continued observance of canceled culture in 2021 is an unAmerican illegal act that is not consistent with American customs principles and traditions. Here principles are equated with the aforementioned statutes making it illegal to cancel coworkers at work. canceled culture has also been a part of American history since our inception, whether we like it or not. The US Constitution and the Bill of Rights expressly prohibit canceled culture, as all men and women are created equally under the eyes of the law. The only solution here to cancel culture is listen to both sides. The solution to cancel culture has always remained front and center, but recently intentionally obscured by the noise of the canceled culture movement itself. And by omission in the press, and by governmental representatives trying to curry curry votes in election season. Simply we all need a little dose of Latin, the Latin phrase Audi alteram partem, which translates into quote, listen to the other side. And why, why do we need to have a dose of Latin integral to our American experiences the action of debate, we never said you had to agree with your opponent, just listen and possibly learn. we enact laws in Congress and through state legislatures via heated debate on public policy concerns. But we get the job done because it’s of a higher calling. It’s called democracy. Cancer culture is the antithesis of democracy, as it eliminates debate all together and reinforces discrimination of all types. The longer canceled culture is tolerated. The faster the stars and stripes peel away from the very fabric of our collective being. Remember the golden rule, do unto others as you’d want them to do to you and act responsibly as a United States citizen. We are all equal. No more, no less. If you’d like more information about this topic, please contact Carey & Associates PC on the w b at www.capclaw.com. Have a great week and remember to listen.