Ottawa Citizen

EVEN GOOGLE, ONCE A LEADER AMONG THE WOKE, IS WAKING UP

Businesses not the place for advancemen­t of political themes, Howard Levitt writes.

- Howard Levitt is senior partner of Levitt Sheikh, employment and labour lawyers with offices in Toronto and Hamilton. He practices employment law in eight provinces and is the author of six books including The Law of Dismissal in Canada.

Disruption in the name of political causes need not be tolerated in the workplace.

Google LLC made a clear statement to that effect this month when the tech giant, which has always advertised a workplace culture open to internal debate, chose to fire as many as 50 workers involved in sit-in protests against its (non-military) US$1.2 billion Nimbus contract with the Israeli government.

Similar rifts have recently exploded into public view at the New York Times and NPR south of the border.

Whether a company has a “conscience” is not up to its employees but to the employer itself. There is no First Amendment right of free speech in Canada and human rights legislatio­n in most provinces does not protect political opinions.

Google declared that its fired workers had violated its policies by disrupting work and taking over office spaces. But a company need not have a policy prohibitin­g disruption any more than one prohibitin­g theft.

As Google CEO Sundar Pichai wrote to staff: “We also need to be more focused in how we work, collaborat­e, discuss and even disagree. We have a culture of vibrant, open discussion that enables us to create amazing products ... But ultimately we are a workplace and our policies and expectatio­ns are clear: this is a business, and not a place to act in a way that disrupts co-workers or makes them feel unsafe, to attempt to use the company as a personal platform, or to fight over disruptive issues or debate politics.” An appropriat­e position for any employer to take.

In 2018, Google did not renew a contract with the Pentagon because its employees were upset with that deal. Not this time. It reverted to focusing on the bottom line. And, for that matter, on protecting its Jewish and other employees who complained about the disruption on their own work lives.

Google isn't the only company grappling with politics in the workplace.

NPR just suspended a senior editor for writing an article criticizin­g the public broadcaste­r's news coverage as too “progressiv­e.” He then “resigned.”

Meanwhile Starbucks sued its union for posting pro-palestinia­n tweets using Starbucks' branding.

The reflexive support of progressiv­e causes, often reflecting the wishes of employees, is increasing­ly coming back to haunt companies by alienating

their customers. They are wary of such backlashes, more so after Bud Light's sales — and the share price of its parent — cratered after it used a transgende­r influencer in its commercial­s, prompting boycotts of its products.

Employers have a right to prevent their workplaces from being disrupted, as Google did, not only from blockades or sit-ins but from walkouts or even petitions circulated in the workplace. Our workplaces, legally, are owned and managed by employers which have a legal interest to block anything impairing productivi­ty or even morale.

I had a recent case where employees openly revolted because their employer donated money to Israel to assist its war effort. They reacted to the point of insubordin­ation and received reprimands accordingl­y. It is the employer's money to spend as it wishes, subject to the opposition of shareholde­rs in a public company.

In a similar way, employers can determine what and whether political opinions can be discussed in the workplace and can, without recourse, decide only to hire or to fire employees of a particular political opinion, in most provinces, including Ontario. Of course, most employers sensibly have policies prohibitin­g any political discussion­s in the workplace as it creates antagonism and discord, never good for productivi­ty. And, after all, the business of business remains business, not the advancemen­t of political themes.

Clearly firing someone for being a leftist or conservati­ve is not cause for discharge and such an employee would be entitled to wrongful dismissal damages. But firing an employee for supporting Hamas' atrocities or screaming out antisemiti­c or other racist slogans on social media or at public rallies is cause for discharge without severance as the employer has an interest in ensuring that its brand or reputation is not sullied by being associated with a racist employee.

I expect there to be far more Googles going forward. The woke era is drawing to a close. “Woke” has become little more than a derisive term. We see far fewer pronouns on emails. Companies are increasing­ly walking away from their DEI training. There are not as many declaratio­ns of Indigenous land claims at the opening of functions. The appropriat­eness of gender alteration surgery for young people is now facing a serious challenge from the U.K.'S recently released Cass report. And two provinces are no longer afraid to block biological males from using female change rooms and play competitiv­e sports against women.

This sea change against wokeism has impercepti­bly crept up over the last couple of years. Employers are no longer pandering to political correctnes­s among their employee groups. Even Google, once a leader among woke companies, is firing employees for political activity impacting productivi­ty.

We have not seen the end of it.

 ?? RONNY HARTMANN/AFP VIA GETTY IMAGES ?? Google is among a growing number of companies firing workers for taking part in political activity impacting productivi­ty and “we have not seen the end of it,” says Howard Levitt.
RONNY HARTMANN/AFP VIA GETTY IMAGES Google is among a growing number of companies firing workers for taking part in political activity impacting productivi­ty and “we have not seen the end of it,” says Howard Levitt.

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