Do you want to wear a Gadsden Flag symbol to work? You know, the one with coiled rattlesnake bearing the logo “Don’t Treat On Me”? Well, you’re a raaaaacist, via Eugene Volokh:
The Equal Employment Opportunity Commission, among its other functions, decides “hostile work environment” harassment claims brought against federal agencies. In doing so, it applies the same legal rules that courts apply to private employers, and that the EEOC follows in deciding whether to sue private employers. The EEOC has already ruled that coworkers’ wearing Confederate flag T-shirts can be punishable harassment (a decision that I think is incorrect); and, unsurprisingly, this is extending to other political speech as well. Here’s an excerpt from Shelton D. [pseudonym] v. Brennan, 2016 WL 3361228, decided by the EEOC two months ago:
I’ll leave it to you to hit the link for the excerpt of the ruling, and note a few things from Mr. Volokh:




















