Can language in the workplace, even if uttered during otherwise protected conduct, lose its “protected” status under the National Labor Relations Act (NLRA) because the language is too offensive? The answer is, generally, yes.
Prior NLRB Rulings Protected Offensive Language
However, in several rulings, the Obama-era National Labor Relations Board (NLRB) ruled that certain speech, which was patently offensive, nonetheless retained its protected status. On September 5, 2019, the current NLRB invited briefs on the proper legal standard for when extremely profane or offensive language loses its protection.