Google NLRB Settlement: Search Giant Must Guarantee Free Speech To Employees

The National Labor Relations Board Google on Thursday settled complaints regarding employees' right to express their opinions and talk to the media.

The settlement did not include any admission of wrongdoing. The New York Times reported a regional director has agreed to approve the settlement.

Google (GOOG) long has boasted it provides a culture that promotes open debate but employees have complained they suffered retaliation for raising free speech and equality concerns.

Thursday’s decision settles two complaints about workplace consent and orders Google to tell employees they are free to speak to the media without executive approval on any issue whether the company considers the topics appropriate for workplace discussion or not. The company last week moved to put a number of nonwork topics off limits.

“Under that settlement, we have agreed to post a notice to our employees reminding them of their rights under the National Labor Relations Act,” Google spokeswoman Jenn Kaise said in a statement. “As a part of that notice, we will also remind employees of the changes we made to our workplace policies back in 2016 and 2017 that clarified those policies do not prevent employees from discussing workplace issues.”

The action is the second in as many weeks reminding Google to remain within the law. Last week YouTube, a Google division, agreed to a $170 million fine for alleged violations of child-privacy laws. Separate antitrust investigations from the Justice Department and 50 attorneys general are underway on its digital advertising practices.

Employees have complained Google at times overreacted or didn’t do enough to protect their speech inside the workplace. Thursday’s decision directs the company to notify employees it killed rules designed to prevent the sharing of confidential information with each other or the media.

Former Google engineer Kevin Cernekee has said he was dismissed for expressing right-leaning political beliefs on internal messaging boards but Google cited misuse of company equipment as the reason. The settlement did not call for his reinstatement or backpay as had been sought.

Another complainant said he was disciplined for expressing unflattering opinions about a Google executive on Facebook.

Separately, an adviser to the European union’s top court has recommended Google’s Ireland unit prevail in an advertising revenue case brought by Hungary. Advocate General Juliane Kokott of the EU Court of Justice said Hungary applied the law unfairly to foreign companies. The recommendation is nonbinding.