Q: I am a general contractor. An employee of one of my subcontractors has become very vocal about his racism. When one of my guys spoke to him about it, he replied that he was entitled to free speech and grew confrontational, almost violent. I am all for free speech, but can’t I forbid racist speech on my job site? — Name Withheld, New York
A: You should ban racist speech on the job, and if this guy does not stifle his hateful claptrap, get rid of him, a step to take all the more urgently when there is a threat of violence. You have a legitimate interest in maintaining a congenial workplace for your crews and yourself. This is something that ethics compels and the law allows; indeed, anti-discrimination law forbids your creating or allowing a hostile work environment. Jami Floyd, a lawyer I consulted, confirms that you can fire the guy for offensive speech.
We do esteem free expression and should be wary of attempts to limit it. No employer should bar employees from discussing, for example, Afghan policy or, for that matter, Jon and Kate Gosselin’s marriage, as long as those conversations do not interfere with the job and are conducted courteously, a contradiction in terms when it comes to spouting racism.
Floyd notes, by way of caution, that firing a racist employee doesn’t mean he won’t sue for wrongful termination, only that he is not likely to win an actual suit — “at least not on First Amendment grounds.” To protect yourself in such a situation, she says, “be sure to give adequate warning; to keep a written record of the offensive incidents, including the reactions of others to the remarks; and to note down any other deficiencies in the (guy’s) performance.”
Q: I am a doctoral adviser to an international student who landed a great job, but her visa doesn’t allow her to work outside the university except as part of her studies. Our international-student office asked me to sign a letter certifying that this job is an “integral part of her academic program.” It is not. But it is a fantastic opportunity, and I don’t see how anyone is harmed if I sign the letter. Should I? — R.R., New York
A: Here is how several people could be harmed. Should the truth come out — and it tends to, at inconvenient and embarrassing moments, with clips on YouTube with Buenos Aires, not the Appalachian Trail, in the background — you would undermine your credibility with your colleagues and the university’s with immigration officials.
You might diminish the chances of other foreign students to attend your university if you contributed to their reputation as untrustworthy finaglers. And you could impair the education of the student herself. It is not unreasonable to demand that a graduate student devote herself to tasks pertinent to her education.
I admire your inclination to help this student circumvent what you regard as a mere bureaucratic formality, but you may not sign a false declaration. You would do better to help her find legitimate employment.
Update: R.R. negotiated revisions in the letter, making it an honest document that he could sign with a full heart. The student worried that the amended version might be insufficient to meet visa requirements, but so far so good; she began the job in early May.
Send questions and comments for Randy Cohen to Universal Press Syndicate, 4520 Main St., Kansas City, MO 64111, or ethicist@nytimes.com.
