Case Study: Adrian Duane and IXL Learning
As you read this resource, look for the human resource aspects of this case. What did IXL Learning do wrong? Did Adrian Duane do anything wrong? Then, review the critical thinking questions at the end of the case.
Adrian Duane had worked for IXL, a Silicon Valley educational technology company, for about a year when he got into a dispute with his supervisor over Duane's ability to work flexible hours after he returned from medical leave following transgender surgery.
Duane posted a critical comment on Glassdoor.com after he said his supervisor refused to accommodate a scheduling request. Duane's critique said, in part: "If you're not a family-oriented white or Asian straight or mainstream gay person with 1.7 kids who really likes softball-then you're likely to find yourself on the outside. . . . Most management do not know what the word ‘discrimination' means, nor do they seem to think it matters".
According to court documents, Paul Mishkin, IXL's CEO, confronted Duane with a printout of the Glassdoor review during a meeting about his complaints, at which time IXL terminated Duane. IXL claimed the derogatory post showed "poor judgment and ethical values". Security had already cleared out Duane's desk and boxed his personal effects, and he was escorted from the premises. According to IXL, the company had granted Duane's requests for time off or modified work schedules and welcomes all individuals equally regardless of gender identity.
The NLRB heard Duane's case. Judge Gerald M. Etchingham said he did not believe the post was part of a concerted or group action among Duane's fellow employees at the company, and therefore it was not protected under the NLRA, because it was not an attempt to improve collective terms and conditions of employment. Furthermore, Etchingham said Duane's post was more like "a tantrum" and "childish ridicule" of his employer rather than speech protected under Section 7 of the NLRA. In other words, this was not an attempt to stimulate discussion but rather an anonymous one-way (and one-time) post. "Here, Duane's posting on Glassdoor.com was not a social media posting like Facebook or Twitter. Instead, Glassdoor.com is a website used by respondent and prospective employees as a recruiting tool to recruit prospective employees".
The NLRB decision is an interesting step in the development of the law as the NLRB tries to apply the NLRA's protections to employee use of social media. Duane has a pending Equal Employment Opportunity Commission lawsuit alleging employment discrimination under Title VII of the Civil Rights Act of 1964.
Critical Thinking
- What ethical and legal obligations do employees have to refrain from badmouthing their employers in a fit of pique, especially on the firm's own website?
- Should management allow employees to criticize the company without fear of retaliation? Could management benefit from allowing such criticism? Why or why not?
Source: Rice University, https://openstax.org/books/business-ethics/pages/7-5-criticism-of-the-company-and-whistleblowing
This work is licensed under a Creative Commons Attribution 4.0 License.