Legal Advice about a policy at Work?

Question

I have a question about the legality of a policy that my boss has enacted. Apparently, before I started here, my group was a little unruly. In order to curb that, my bosses enacted a policy of no talking, unless the conversation is work related. On my first day, I heard about it and said “What?!? That’s ridiculous!” But they have enforced that policy to the letter, even if you are doing your work while speaking, and it’s not that loud. Is that legal? I don’t see how it can be to restrict adults from speaking to their co-workers? If it’s not, what can I do about it?

Answer 1

Legally the majority of states will allow an employer to enact just about any rules, unless those rules are a means to discriminate. Discrimination is on the bases of sex, race, color, ethnic origin, religion, disability, military or marital status.

An example of this was the factory in Illinois that set up a rule for women workers that they could not leave the line for a washroom break and that they should wear adult diapers. The EEOC found this rule discriminatory. Had that rule covered all employees on the line, it would not have been illegal.

So, unless you can somehow tie the no-talking rule to some type of discrimination you cannot go the litigation route.

Personally, I would try to get the media involved in this. Nothing can frighten company management more than seeing the CNN cameras on your doorstep in the morning.

Answer 2

It is perfectly legal to enact any policy, but it could be challenged. It seems a little ridiculous. However, you should have been completely informed of the policy at your orientation. If you weren't, there could be a legal cause there. Also, those who have been fired or harassed because of the policy could have a claim against the company.

I actually know of a company that disallowed wearing any shoes other than black or brown and limited the height of the heels.

Answer 3

Well, I can't legally give legal advice since I am not a lawyer.

However I can tell you the law as I know it, in most states employers can make whatever rules they want. As long as they don't discriminate based on race, creed, sexual orientation ect, and don't amount to sexual harassment (can't make a rule requiring female to walk around nude or the like).

As I don't really see anything illegal about not letting you talk. A bit ridiculous maybe. Perhaps you could speak with your bosses boss or HR people?

Also, you might want to speak with an employment lawyer, every state is different and your state may have law about this

Answer 4

Sounds a bit like overkill, but, the only thing you can do is challenge it. If you live in a "right to work" State, you will probably get fired for your effort. They are paying for your work services, not your personality.