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Last week, the National Labor Relations Board made headlines when it concluded that nondisparagement and confidentiality provisions in severance agreements that businesses give to rank-and-file employees are unlawful.
Yesterday, the Board made headlines again by releasing this Advice Memo in which it concluded that employees who engage in group discussions about issues of race that black employees face at work, including perceived implicit bias work, are protected from retaliation by employers.
In this particular instance, a faculty member at a medical school wore a t-shirt that said, “I can’t breathe,” and facilitated a discussion on how racial bias causes poor health outcomes
