If your employee is caught in a viral video calling an opposing fan the "c-word" at a football game, should he lose his job? Does it make a difference if your company is in the business of DEI consulting?
This story just played out following the Eagles playoff win over the Packers last weekend.
Ryan Caldwell, an employee at BCT Partners—a firm specializing in DEI—was captured on video during the game directing the vulgar and misogynistic insults toward a female Packers fan. The video quickly went viral to the tune of more than 31 million views. The public backlash was significant and swift.
The Eagles organization responded by banning Caldwell from their stadium for life. BCT Partners conducted an internal investigation and terminated Caldwell's employment, stating that his behavior was "vile, disgusting, unacceptable, and horrific," and stood in direct opposition to the company's core values of respect, dignity, and inclusion. Caldwell then issued a public apology, but added that the video "does not reflect the full context of what transpired," and that his actions "were not without provocation."
This incident serves as a stark reminder of the importance of aligning employees' behavior with a company's values, both on and off the clock. By proactively addressing these issues in real time, employers can mitigate risks, uphold their reputations, and foster a positive workplace culture that reflects their mission and values.
Three more points to make:
1. This is not a free speech issue. Private-sector employees have zero free speech rights in the workplace in this context. Regardless, freedom of speech does not equal freedom from consequences.
2. It is irrelevant whether this employee works for a DEI firm or any other company. His behavior was abhorrent, could damage the company's reputation, and is grounds for termination. The identity of his employer is just the ironic icing on the cake.
3. The employee's apology rings quite hollow. I don't care about the "context" of what happened or how he was "provoked." If you respond to provocation by calling a woman that awful word, that's who you are, period. And I certainly don't want you working for me.
Here's what I read this week that you should read, too.
When Your Coworker Loses a Home — via Harvard Business Review
Law Firm Partners Offer An Emphatic 'Hell No' To Office Attendance Mandates — via Above the Law
How to Deal with Backlash While Still Achieving DEI Goals — via EntertainHR
Meta disbands diversity team and says DEI has become 'charged' — via The Verge
McDonald's Sued in ESG-Backlash Lawsuit over Hispanic Scholarships — via The D & O Diary
— via ABA Journal Daily News
When the Cat's Paw Scratches: How a University Got Schooled on Employment Law — via Eric Meyer's Employer Handbook Blog
A Union So Fake, Members Don't Know They are Paying Dues — via Labor Relations Ink
DOL Sheds Light on Administering FMLA Leave When an Absence Triggers Both FMLA and State Paid Leave Laws — via Jeff Nowak's FMLA Insights