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NLRB Affirms in Precedential Decision: Wright Line Test Applies to Discipline for Offensive Conduct

calendar_today September 24, 2026 person Elizabeth Mincer domain duane-morris

If an employee is disciplined for violating company policy while the employee was engaged in otherwise protected conduct, how should the Board assess whether the discipline was lawful? On September 23, 2026, the NLRB, in a precedential decision, clarified the test that it will apply in such situations: the traditional Wright Line test. See Lion … Continue reading “NLRB Affirms in Precedential Decision: Wright Line Test Applies to Discipline for Offensive Conduct”

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