USPS must revisit possible harassing nature of postal worker’s cap bearing Gadsden Flag

Where outright discriminatory clothing is not allowed in the workplace, potentially racially themed symbols are not often considered. In the case Shelton D. v. Brennan, a hat bearing the Gadsden flag came into question. Despite objections from Shelton, the man continued to wear the hat. The USPS stated it would remedy the issue, but had not. After his claim was dismissed, Shelton filed a claim with the EEOC, which came to the conclusion that the dismissal of Shelton’s formal complaint was unjust. After much debate, the symbol was found to be racially charged.