Thanks for the clarification. I was probably not as accurate as I should have been in naming this post.
What was interesting to me, however, was the conflict between free speech and an employer's responsibility to prevent a "hostile work environment". That conflict was at issue in the Janice Rogers Brown dissent in Aguilar v. Avis Rent-A-Car.
Brown is under fire for reasoning that the courts should not be allowed to enjoin offensive speech in the workplace in the context of a Title VII discrimination case. Her critics have charged that she was too sensitive to First Amendment concerns and not sufficiently sensitive to the needs of employees to be free from harassment at work.
The Shearman v. Doe lawsuit, I thought, was a good example of how work place discrimination concerns could go too far in squelching the free speech rights of others. It was in that context that I posted the ABA Journal article.
Hope this helps.