Protected and Unprotected Speech in the Workplace
In this session, campus counsel from the National Association of College and University Attorneys (NACUA) and the chair-elect of the CUPA-HR board of directors will explore the intersection of protected and unprotected speech in the workplace. Tailored to both public and private institutions, this session will outline basic protections and exceptions under the First Amendment (and related contract principles for private institutions), and explore when employers have the right to discipline employees for speech-related misconduct. Through a hypothetical example tailored to the unique concerns of HR professionals, the session will offer practical suggestions for navigating challenging workplace scenarios that implicate First Amendment protections or other related legal concepts.
Melissa Holloway, Associate General Counsel, Ball State University; Timothy Lynch, General Counsel, University of Michigan; Marie Williams, Associate Vice Chancellor for Human Resources, North Carolina State University