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[Update. It appears the original submission was skewing the facts. From the What You Should Know about EEOC and Shelton D. v. U.S. Postal Service (Gadsden Flag case) on the EEOC (US Equal Employment Opportunity Commision) web site:
What You Should Know about EEOC and Shelton D. v. U.S. Postal Service (Gadsden Flag case)
- This decision addressed only the procedural issue of whether the Complainant's allegations of discrimination should be dismissed or investigated. This decision was not on the merits, did not determine that the Gadsden Flag was racist or discriminatory, and did not ban it.
- Given the procedural nature of this appeal and the fact that no investigative record or evidence had been developed yet, it would have been premature and inappropriate for EEOC to determine, one way or the other, the merits of the U.S. Postal Service's argument that the Gadsden Flag and its slogan do not have any racial connotations whatsoever.
- EEOC's decision simply ordered the agency - the U.S. Postal Service - to investigate the allegations. EEOC's decision made no factual or legal determination on whether discrimination actually occurred.
The original story follows. --martyb]
Submitted via IRC for TheMightyBuzzard
The Equal Employment Opportunity Commission (EEOC) has determined in a preliminary ruling that wearing clothing featuring the Gadsden Flag constitutes legally actionable racial harassment in the workplace. In short, wearing the Gadsden flag while at work can earn you the title of "racist", earn you harassment charges, and cost you your job. The ideological witch hunt started back in 2014 when a black employee at a privately owned company filed a complaint with the EEOC when he saw a co-worker wearing a hat featuring the Gadsden flag and the words "Don't tread on me." The EEOC has decided to side with the over-sensitive employee, despite already admitting that the flag originated in a non-racial context and has been adopted by multiple non-racial political groups, countless companies and more, since it was created.
The ruling is a preliminary ruling and has not yet been made "official" but the preliminary ruling says that you can be charged with "racial harassment." They have not indicated when an "official" ruling will be made and it is ongoing.
Source: American Military News
Better Source: Washington Post
Facts: EEOC
(Score: 2) by julian on Monday August 08 2016, @09:33PM
It's an irrelevant question, whether the flag is racist or not. On one level of analysis, no flag or symbol is inherently racist. We attach meaning to symbols. That particular symbol has become popular among groups of people who are often racist--though they usually cloak their racism in nativist or nationalist language. You can't say for sure if any individual person using that flag holds those views, but it's a matter of probability. It definitely raises the odds. You're simply not paying attention if you think otherwise.
But it's irrelevant. Even if it is racist it's still protected Free Expression. We don't make a distinction between protected speech and hate speech in this country, and wisely so. No one is qualified to make that distinction for anyone else. This used to be the default liberal position and I'm dismayed to see so many friends on the left forget how important it is.
(Score: 0) by Anonymous Coward on Monday August 08 2016, @10:13PM
We don't make a distinction between protected speech and hate speech in this country, and wisely so.
Um, we do. Please remain calm and contact a lawyer.