A federal agency, the Equal Employment Opportunity Commission, thinks your “Don’t Tread On Me” flag is racist.

The iconic yellow flag, officially called the Gadsden flag, became the subject of an EOC investigation two months ago. An African-American government employee filed an official complaint against a coworker, who wore a hat depicting the flag’s famous yellow color, snake emblem, and the words: “Don’t Tread on Me.”

After the offended coworker complained to management about the “offensive” hat, the coworker continued to wear the hat.
According to the official complaint, the African-American coworker claimed that the flag was offensive for two reasons. First, because the flag had been designed by a slaveowner, Christopher Gadsden. And second, because the flag is a apparently “historical indicator of white resentment against blacks, stemming largely from the Tea Party.”

The Gadsden Flag has been around for more than two centuries, since 1775. It was initially used in the Revolutionary War as a symbol of American independence. Since then, it’s been a potent symbol of freedom.

But, most recently, it was used symbolically by the Tea Party movement—which also fought for freedom, and used a number of symbols from the American Revolution.

The complaint doesn’t describe whether or not the coworker wearing the Gadsden hat said or did anything racist—it lists only the clothing choice as evidence of offensive behavior.

If the EEOC decides that the Gadsden flag is “offensive” and “racist,” it would be banned in workplaces all across the country. Private employers who allow their employees to wear clothing depicting the flag would be subject to federal fines and legal consequences.
 



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