Labor & Employment Law Daily Wrap Up, DHS NEWS—Coast Guard downgrades swastikas and nooses to ‘potentially divisive symbols’, (Dec 18, 2025)

By Brandi O. Brown, J.D.

The change, which is contrary to a memo issued by Adm. Kevin Lunday in November, has thrown a kink into his confirmation by the U.S. Senate to lead the U.S. Coast Guard.

Contrary to the memo issued by Admiral Kevin Lunday less than one month ago, this week the U.S. Coast Guard issued its updated workplace harassment policy with the same changes that first had prompted the memo—downgrading the display of nooses and swastikas to “potentially divisive” symbols rather than potential symbols of hate as they were previously identified.

“Hate” to “potentially divisive.” The revised manual defines “potentially divisive symbols and flags” as including, among other potential things, “a noose, a swastika, and any symbols or flags co-opted or adopted by hate-based groups as representations of supremacy, racial or religious intolerance, or other bias.”

By way of contrast, a February 2023 version of the policy stated: “The following is a non-exhaustive list of symbols whose display, presentation, creation, or depiction would constitute a potential hate incident: a noose, a swastika, supremacist symbols, Confederate symbols or flags, and anti-Semitic symbols.”

Confederate battle flags. In addition to the changes regarding nooses and swastikas, the 2025 policy also diverges from the 2023 policy with regard to the display of Confederate battle flags, now identifying them as “potentially divisive” rather than as “hate symbols or divisive symbols” as they were previously identified in 2023.

“Hate symbols,” but not included. In a social media post, the U.S. Coast Guard called out the Washington Post, which reported extensively on these issues, and claimed that it “maintains a zero-tolerance policy toward hate symbols, extremist ideology, and any conduct that undermines our core values. We prohibit the display or promotion of hate symbols in any form. Any suggestion otherwise is false.” Notably, however, the Coast Guard’s social media post used the term “hate symbols,” which is terminology its manual no longer defines as including swastikas, nooses, or Confederate battle flags.

Indeed, the new manual no longer includes “hate symbols” terminology at all and instead notes among its major changes that “Conduct previously handled as a potential hate incident, including those involving symbols widely identified with oppression or hatred, is processed as a report of harassment in cases with an identified aggrieved individual, or in accordance with Chapter 11 of this Instruction. The terminology “hate incident” is no longer present in policy.”

However, the revised policy does reference “hate-based groups” as those who use nooses, swastikas, or flags “as representations of supremacy, racial or religious intolerance, or other bias.”

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