US employers must consider the severity of a worker’s misconduct and the context in which it took place before firing them, the National Labor Relations Board (NLRB) has ruled in a decision that restores protection for employees who use profane speech during workplace disputes.

The decision overturns a Trump-era precedent that made it easier to discipline staff who, while protesting working conditions, target managers, supervisors, and co-workers with profane, harassing, or discriminatory comments.