Political Expression in the Workplace: Navigating the Current Climate
In the current heated political climate leading up to the U.S. presidential election, many individuals are taking strong emotional positions on the issues and the candidates. This has resulted in employees boldly displaying their political opinions in public forums, including in the office and on social media.
Potential Impacts on the Workplace Environment
As these displays of political allegiance become more visible, other employees may have strong reactions or concerns. Some employees may feel distracted, or experience low morale, and/or hostility and intimidation.
With early voting already in progress and election day next week, employers may wonder what they can do to prepare for issues that may arise before and after the election.
Employer Concerns and Key Questions
Employers may have several questions in mind:
- Freedom of Speech and Employer Limitations: If managers limit political expression, does this infringe on employees' First Amendment rights?
- Social Media Presence: How should employers respond if employees post political views on LinkedIn profiles that could impact client relationships or company reputation?
- Conflict and Safety: How can companies proactively address conflicts that may arise from these expressions, especially if tensions lead to confrontations or violence?
Considerations for Employers
Understanding First Amendment Rights and Private Employers
First Amendment rights infringement does not apply to private employers. However, many states have enacted laws that protect employees from disciplinary action for engaging in certain lawful activities outside of work, and these laws may provide employees the right to appropriately express their political opinions. Employers should familiarize themselves with the applicable legal frameworks and set expectations in advance, so if an issue flares up, they are prepared to respond.
Social Media Policies and Compliance with Off-Duty Conduct Laws
To manage social media usage, many employers now implement policies regulating employee behavior that may take place outside the traditional work environment and during non-work hours. Companies are generally justified in enforcing such policies. However, they must ensure these policies comply with state laws that regulate off-duty conduct.
In addition, before enforcing these social media policies, employers should consult with counsel on the particulars of each situation, since online statements could implicate other employee legal protections, like the National Labor Relations Act and anti-discrimination and anti-harassment laws. Making a snap judgment can create added risk of legal claims and reputational harm.
Addressing Potential Workplace Violence
If productive political dialogue should turn into heated discussions or physical altercations, workplace violence could be a real possibility. Companies need to ensure their workplace violence prevention policies and manager and leadership training protocols are in place, ready to spot and address these situations.
Reinforcing Policies and Professionalism
The intense build-up to this election season makes for plenty of employer-related concerns, but also provides a unique opportunity to review company policies and set reminders for professional and respectful conduct in the workplace.
To navigate this tumultuous time, we recommend companies be prepared and ground their decisions in clearly communicated workplace policies and values. This includes a review of local and state legal constraints that may apply, having a team of trusted experts at the ready to help you navigate these issues, and taking steps to ensure your personnel (HR or otherwise) are trained in handling these matters.
For more information about these or other employment law topics, please contact Kevin Doherty, Kayla Strauss or your personal Greenwald Doherty attorney contact.
