The Urgency of Workplace Dignity

Not too long ago, I thought the year 2020 was one of the worst ever for employees. We had to tackle COVID-induced isolation, discriminatory animus towards the Asian population, and figuring out how to reconfigure laundry rooms, walk-in closets and dining room tables into functional office spaces. I certainly could not have imagined that 2025 would be immensely worse. 

Let’s make a quick inventory of some of the highlights of last year:

·      DOGE-prompted government agency closures and mass layoffs.

·      Cancel culture attacks on freedom of speech and association, prompting some employers to terminate employees who publicly said anything remotely negative about the Trump Administration – regardless of the truth of the statements made.

·      The marginalization of DEI and transgender initiatives, with claims that such programs were unlawful (or immoral) and supporters would face lost government funding and even lawsuits.

·      The cancellation of visas and criminalization of US-based migrants and immigrants, making it difficult for employers to address labor shortages where the most viable applicants necessitate a visa.

And we thought the angst related to return-to-office mandates were challenging enough?! The slight indignity related to the rebuke of hybrid and remote work modalities by some employers has given way to political issues bleeding into the workplace and, when coupled with oppressive social media bullying campaigns resulting in those who bring unwanted attention to their company getting pushed out, catastrophic indignities ensue. Sometimes one might wonder whether people realize there are lives being significantly impacted. Or does our society simply not care about the lost jobs equating to lost homes and cars, to medical bills going unpaid, to kids having their education disrupted, to mental health issues rising, and even to the possibility of suicides and homicides. I submit that we need to take this moment very seriously because the stakes are excruciatingly high!

But what should an employer do when confronted with a barrage of hate-laced posts, calls, and emails calling for the termination of one of their employees? Having dealt with these situations in the past and in my capacity as general counsel, my first inclination would be to suggest that we slow down and take a breath. Quick decisions often result in poor decisions. Next, we should take the necessary time to review the facts - all the facts. Exactly what did the employee say? Was it true? With what platform was the message conveyed…social media, Zoom, news article? Could a reasonably prudent person believe the employee has the capacity (real or perceived) to speak on behalf of the employer or legally bind it with their words? Are the right people engaged in the decision-making process regarding the employee (i.e. the chief legal officer, chief human resource officer, chief marketing/communications officer, and perhaps the chief executive officer)? And lastly, if the ultimate decision leans towards disciplining the employee, will the process be carried out in a dignified manner? The last question might be the most important one, and I certainly hope that the ultimate decision rests on a just result and not a knee-jerk reaction out of fear of what the vocal irrationals might do to force an injustice of their liking. Lives are at stake. The time is now for employers to do the right thing.