Is ‘Don’t tread on me’ flag a racial statement?

The IRS and the EPA among others have been weaponized to punish those who question the absolute authority of our Administrative Government. Is it any wonder that the EEOC has joined those ranks? The Gadsden Flag is a symbol of the rising discontent of some/many Americans with the tyranny of bureaucracy and the bureaucracy is responding as the minion of any tyrant would.

Not exactly.

The EEOC can absolutely state that certain types of speech are designed to go after "protected classes" and are therefore not appropriate for a workplace environment. (Cause for intervention).

But the EEOC "arbitrates" and "referees" Private issues (which have the potential to affect the Public). It gets "wonky" because the parties involved are the Employer and the Employee with the Government (which 1a applies to) acting as the Referee. The Government is "mediating" the issue, not instigating it, therefore they are not the one violating the Employee/Employers' Rights (Private Matter), however, there "may" be concern that the specific issue would be of Public Concern tripping the 1a argument.

Here's a case from 2009 which gets a little more into the weeds of it.

http://www.law360.com/articles/85517/workers-eeoc-claim-not-protected-speech-5th-circ

So... The EEOC isn't saying someone cannot wear the Gadsden flag. What they are saying is that wearing the Gadsden flag "could" be perceived as a violation of Law (Protected Class), requiring their notice.