The U.S. Equal Employment Opportunity Commission has now taken the position that displaying the Gadsden flag (AKA the “Don’t Tread on Me” flag) constitutes racial harassment.
As UCLA Professor Eugene Volokh points out in The Washington Post, the EEOC decided the case of Shelton D. [pseudonym] v. Brennan two months ago: The complainant, “Sheldon D,” argued that as a black man he had been racially discriminated against because a coworker wore a hat with the Gadsen flag emblazoned on it to work.
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