Expert: Michael Troy - 12/1/2001

Question
Can a business that is part of a  national chain (Subway) ask/demand that a T-Shirt that "is offensive to the people working there" be covered (with a jacket) and ultimately ask the person who is wearing it to leave?

Answer
Hi Lora,

According to some legal interpretations, they not only have a right to do so, they have a duty to do so.  Under some interpretations of the Civil Rights laws, employers have an obligation to protect their workers from a hostile work environment.  Thus, if the workers find something offensive based on race, sex, religion, etc. and the employer does not remove it, the employer risks being sued by his own employees.

Personally, I think this interpretation of the law is an unconstitutional violation of free speech.  It is being challenged in court on those grounds, but the rulings are mixed.  

But even if my view turns out to be correct and the law is struck down so that they are not forced to act, a private company had the right to remove offensive materials.  The First Amendment applies only to government action, not the actions of a private person or corporation.  

The only time the government prevents a private company from refusing service is if the company wants to discriminate on the basis of race, sex, religion, handicapped status, or certain other specificly protected classes.  However, there is nothing that protects messages on t-shirts.

I suspect this isn't the answer you wanted, but I hope it answers your question.

- Mike