The National Labor Relations Board has held that employees communicating via company e-mail or on social media may be covered by Section 7's protections.Įmployers should be mindful about restricting or removing employee communications or disciplining employees based on their posts. Employers that host these types of forums must bear in mind that Section 7 of the National Labor Relations Act, which applies to unionized and nonunionized nonsupervisory employees in the private sector, entitles workers to engage in concerted activity for their mutual aid or protection. It can be difficult to assess what is inappropriate conduct and what behavior an employer may regulate. Yet these forms of communication can cause problems if employees act inappropriately, perhaps by posting negative comments or sharing others' posts without permission. These forums provide accessible communication for members, which is especially beneficial for staff spread across locations or working remotely. The first issue may arise when employers offer communication options such as messaging services, social media spaces or intranet platforms where employees can engage in ERG discussions. Historically, affinity groups were centered on race or gender, but these groups are increasingly being created for those sharing other characteristics, such as age, veteran status or sexual identity.įrom a legal standpoint, ERGs raise two common issues: the use of social media and discrimination concerns.
Affinity groups, also known as employee resource groups (ERGs), bring together employees with similar backgrounds or interests and can have a powerful influence in the workplace.Įmployers that have, or are exploring establishing, affinity groups, though, must consider several legal and practical issues.ĮRGs are employer-recognized groups that can promote a company's diversity and inclusion efforts and allow for networking, mentorships, and other opportunities for professional and personal development.
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