Workplace Racial Slurs Are Not Protected as Free Speech

On Monday, the U.S. Supreme Court upheld a lower court decision that prohibited the future use of racial slurs on the job. The high court, in a case pitting free-speech rights against workplace harassment, rejected without comment an appeal by Avis Rent A Car Inc. and an Avis supervisor, John Lawrence, which claimed a California judge's order prohibiting racial epithets violated Lawrence's constitutional free-speech rights.

Justice Clarence Thomas dissented, voicing concern that the ban on racial slurs violated free-speech rights in a case involving workplace harassment law.

The justices declined to review a California Supreme Court ruling that said free-speech rights under the First Amendment can be limited to prevent harassment and a hostile work environment. The case stemmed from a 1993 dispute in which 17 Latino employees sued Avis, alleging Lawrence constantly called them vulgar and derogatory names in Spanish and English, based on their ethnicity and lack of English language skills. In addition, the lawsuit said, Avis did nothing to stop Lawrence and, therefore, the insults created an abusive work environment at the company's San Francisco International Airport office.

A California jury awarded eight of the workers $135,000 in damages and the judge in the case ordered Lawrence to stop using the racially derogatory and offensive language. The ruling also required Avis to ban all racial insults and epithets in the future. An appeals court upheld the injunction on the grounds it was intended to stop employment discrimination created by ``persistent racist speech.''

In appealing to the Supreme Court, Avis and Lawrence argued the injunction was unconstitutionally vague and too broad, amounting to unconstitutional prior restraint of free speech. But the California Supreme Court said the judge's order simply prevented Avis and Lawrence from continuing their unlawful activity.