First it was the Confederate Flag and now it appears that Wearing a Gadsden Flag hat to work could be considered racial harassment, according to the Equal Employment Opportunity Commission, the government body that oversees “hostile work environment” harassment claims against federal agencies. The iconic flag, which originates from the Revolutionary War, features coiled snake above the words “Don’t Tread On Me.”

In recent years, it has become a favorite symbol of the Tea Party movement and conservative activists. Earlier this year, the EEOC received a complaint from a “Shelton,” an African American, who charged that his employer (the federal government) had subjected him to racial discrimination when a coworker “repeatedly wore a cap with an insignia of the Gadsden Flag.” CONTINUE