On March 6, NLRB General Counsel Peter Robb announced that the Board will try to collaborate with the Equal Employment Opportunity Commission on civility rules in the workplace. The EEOC issued proposed guidance on harassment in the workplace and advocated civility rules and training, although the EEOC acknowledged that this could be problematic under the interpretations of Section 7 that had been issued by the NLRB during the Obama Administration. (The final EEOC guidance has yet to be issued.)
Before General Counsel Robb was confirmed, Acting EEOC Chair Victoria Lipnic was working on joint guidance with then‐NLRB Deputy General Counsel Jennifer Abruzzo, but they faced significant obstacles. The outlook is brighter now that General Counsel Robb is confirmed, and in late December the Board suggested in Boeing Co. that it might look more favorably on workplace rules against bullying and in favor of civility. In short, there is hope that the NLRB and EEOC can align themselves to produce clear, comprehensive, and rational guidelines that will make the workplace better for the vast majority of employees.