For decades, labor unions had a free pass to spew racial slurs. It just ended

Published October 2, 2026 10:00am ET



At long last, America’s job creators can fully protect their workers from racist, sexist, and other harassing verbal attacks.

It’s a shock that that sentence has to be written in the year 2026. The Civil Rights Act, which was supposed to end harassing language in the workplace, has been the law of the land since 1964. But since the late 1970s, the National Labor Relations Board has almost continuously given labor unions a carve-out. Most recently, a Biden-era NLRB ruling in 2023 allowed unions and their allies to use offensive language, so long as it happens in the context of “union activity.”

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