How the NLRB Affects Employee Handbooks and Workplace Policies

Have you received emails about the National Labor Relations Board (NLRB)? Have you heard the NLRB has jurisdiction to monitor and change employee handbooks for union and non-union workplaces? The NLRB mandates that employee handbook policies do not prevent employees from discussing with their co-workers workplace issues, including:

• Pay
• Benefits
• Safety and Security
• Workplace supervision

Exemptions for Religious Organizations

It’s important to note that the NLRB does not have jurisdiction over religious organizations. The board refrains from intervening in the employment matters of a religious organization when they are related to the organization’s religious purpose. For example, it will not assert jurisdiction over teachers in a church-operated school. However, the board may assert jurisdiction over employees who work in the operations of a religious organization that does not have a religious character, such as a healthcare institution.

State Laws and Compliance Considerations

Although the NLRB doesn’t apply, there may be state laws that do in certain circumstances. For instance, California Labor Code Section 232.5 prohibits employers from retaliating against employees who discuss working conditions or requiring them to sign a waiver that denies them this right. Organizations need to review and understand their specific state regulations to ensure full compliance. 

Impact of Retaliation on Employee Morale

It’s crucial to understand that retaliation can have a significant impact on overall employee morale. This occurs when an employer or their representative takes adverse action against an employee for engaging in protected activity. Adverse actions are those that could discourage a reasonable employee from raising a concern about a possible violation or engaging in other related protected activity. Examples of such adverse actions include demotion, unjust disciplinary actions, or exclusion from promotions.

Understanding Protected Activities Under EEO Laws

The Equal Opportunity Commission prohibits punishing job applicants or employees for asserting their rights to be free from applicable employment discrimination, including harassment. Asserting these EEO rights is called “protected activity,” and it can take many forms. For example, it is unlawful to retaliate against applicants or employees for:

• filing or being a witness in an EEO charge, complaint, investigation, or lawsuit
• communicating with a supervisor or manager about employment discrimination, including harassment
• answering questions during an employer investigation of alleged harassment
• refusing to follow orders that would result in discrimination
• resisting sexual advances or intervening to protect others
• Requesting accommodation for a disability or religious practice (Remember, ADA doesn’t apply to ministers, and religious organizations can discriminate based on religion, faith practices, and theology)
• Ask managers or co-workers for salary information to uncover potentially discriminatory wages.

Ensuring Compliance and Avoiding Retaliation

The above are just examples of retaliation. Each organization should be sure their actions do not retaliate for any applicable protected activity. Contact Church HR Network today to prevent issues, or for your annual regular employee handbook review and update. Reach out today Contact Church HR Network at 888.847.2476 or Contact [email protected].