In recent years, there have been numerous examples of workers – such as rugby star Israel Folau – having suffered employment consequences, including termination, for expression of personal views. This, Josh Bornstein argues, is demonstrative of a concerning and increasing level of power and control that corporations now have over the private lives of their employees. In this episode of The Lawyers Weekly Show, host Jerome Doraisamy speaks with Maurice Blackburn principal and head of employment law Josh Bornstein about why workplace and industrial relations law is so stimulating for lawyers and also essential for the community, the need for trauma-informed approaches to practice, and the evolving societal landscape that has resulted in corporate entities having greater control over their employees’ lives.

Bornstein also reflects on the extent to which the court of public opinion drives corporate decision making regarding employment of individuals, how technology and social media contribute to this storm, his take on “corporate cancel culture”, the difficulty corporations have in balancing legal obligations against community expectations, how global pushback against diversity, equity, and inclusion (DEI) may exacerbate such issues, and why he thinks we are living through a “second Gilded Age”.

Bornstein is the author of Working for the Brand: how corporations are destroying free speech.

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