Managing Political Expression and Discussion in the Workplace

Managing Political Expression and Discussion in the Workplace

Politics today have increasingly polarized our country. Political discussions happen often in the workplace and tend to increase as elections draw near. From political buttons and  T-shirts to heated discussions during breaks, HR professionals and managers face the challenging task of balancing employee rights while maintaining a respectful work environment. Discussion of current events may also help build morale and develop relationships among colleagues. And a complete ban on all political discussion may not be practical.

With our country’s presidential election a month away, what are employees’ rights in the workplace regarding political discussion and expression and what can an employer do? 

Employee Rights and Free Speech

What rights do employees have when expressing their political beliefs in the workplace? An often misunderstood right in our country is the right to free speech. Free speech has limits. In the United States, the First Amendment protects free speech. But what is often misunderstood is that this protection of free speech only prohibits the federal government (and individuals acting on behalf of the government) from suppressing free speech. It does not apply to private employers.  

Employees do not have unrestricted rights to free speech at work or in privately owned establishments. Employers can regulate political discussions in the workplace and may impose reasonable restrictions during work time. 

However, employees do have certain rights under the National Labor Relations Act (NLRA) which protects employees’ rights to engage in “concerted activities” for mutual aid or protection, which can sometimes include political expression related to workplace conditions. In addition, there are approximately 11 states that have laws prohibiting employers from disciplining or restricting employees from expressing their political affiliations or views in the workplace. 

Employer Authority and Policy Implementation

In most cases, private employers have the authority to set rules regarding political expression at work. Employers should consider including guidelines in their employee handbooks regarding what is considered appropriate political expression in the workplace. If they do, the policy should be clearly defined, consistently enforced, and legally compliant. 

Can an Employer Discipline or Fire an Employee for Political Expression in the Workplace?

The short answer is yes, but employers should tread carefully and review the situation before taking adverse employment action. Employers can terminate employees for political expression if it violates company policy or disrupts the work environment. However, they must ensure that their actions do not infringe upon an employee’s protected activity under any applicable state law providing protection for employees engaging in political activities or the NLRA.  

Several examples of political speech and expression in the workplace may include the following: 

• An employee sharing political opinions or jokes during meetings; 
• An employee emailing other employees for political contributions or support for a cause; 
• An employee wearing political buttons or t-shirts in the workplace; 
• An employee displaying political posters in their workspace. 

An employer may prohibit political attire if they have a neutral dress code policy that does not allow clothing with political slogans or offensive content. However, employers should be careful to ensure that the message is not one that would include a union message or something that may constitute engaging in expression about workplace conditions – like a message including a political party’s position on minimum wage. That may be protected under the NLRA. Additionally, prohibiting solicitation for a cause or political party may run afoul of a company’s solicitation in the workplace policy. However, a careful review should be made of the situation before taking action. The following are some considerations when determining what action to take:

• Was there a violation of company policy? 
• Is there an impact on the employee’s job performance or working relationships?
• Is the employee’s discussion or expression a protected activity (under NLRA or state law)?
• Is an investigation necessary? 
• How has the company managed these matters in the past? 

Employers may want to consider reaching out to legal counsel prior to taking adverse employment action in these circumstances. And in enforcing any employment policy, consistency is key.  

Best Practices for HR Professionals and Managers

1. Develop Clear Policies: Create and maintain well-defined policies regarding political expression. These should be included in the employee handbook and communicated during employee onboarding.
2. Train Managers and Supervisors: Make sure managers have the knowledge and resources to manage political expression issues fairly and legally.
3. Promote an Inclusive Environment: Encourage respectful dialogue and foster a culture of inclusivity to mitigate divisiveness.
4. Stay Informed on Legal Precedents: Stay updated on evolving employment law to ensure compliance and protect your company from legal challenges. 

Conclusion

The intersection of political expression and workplace dynamics requires a careful balancing act. By developing clear policies, promoting inclusivity, and staying informed on legal standards, HR professionals and managers can effectively manage political discussions and expressions in the workplace.