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Political Activity in the Workplace

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POLITICAL ACTIVITY 
As we are again in an election cycle with high levels of disagreement and conflict, it’s important to understand what employers can and cannot do in the area of political activity.  In addition, this Update will provide some recommendations for properly addressing these issues in the workplace.   

WHAT ARE THE BASIC RULES? 
This is a good list from the National Law Review: 
1. First Amendment Protection. The First Amendment protects freedom of speech, but it generally applies only to governmental action. Private employers generally have latitude to restrict political speech in the workplace unless it implicates other legal protections. 
2. National Labor Relations Act (NLRA). Section 7 of the NLRA protects non-supervisory employees in the private sector, regardless of whether they are members of a union. Employers generally cannot restrict covered employees’ discussions related to the terms and conditions of their employment, i.e., “protected concerted activity.” Political speech that also falls under NLRA protection must be considered carefully. 
3. Anti-Discrimination and Anti-Harassment Policies. Political speech may implicate discrimination or harassment concerns when it includes topics related to protected categories or characteristics, e.g., race, gender, religion. Employers should have robust anti-discrimination and anti-harassment policies that cover these issues. 
4. State Laws Protecting Political Speech. State laws may protect employees’ political activity, expression or affiliation. These laws include prohibitions against intimidation, threats, or adverse actions based on employee voting, political activities, or candidate endorsements. Employers must assess their policies and practices in each state where they have employees because the scope of these laws varies by jurisdiction. 
In California employers may not prevent an employee from participating in the political arena in any capacity, direct the political activities or affiliations of an employee, or threaten to discharge an employee for engaging or refusing to engage in certain political activity. 

ARE EMPLOYTEES TALKING POLITICS? 
Just because you don’t hear these discussions, don’t assume they are not happening.  One recent survey indicated that 60% of employees aged 35-44 and 58% of employees 25-34 “sometimes” or “frequently” talk about policies at work.   Among older employees, the percentages are still in the 40+% range.   

While it can be possible to engage in civil political discussions, it takes monitoring and training to ensure it doesn’t negatively affect the company culture and make some employees feel adversely affected.   Since some employees don’t have the ability to be open minded in this area and/or accurately gauge others’ reactions, in most circumstances we advise not allowing these discussions to occur.   

COMMUNICATION WITH EMPLOYEES 
It’s important that employees know also what they are allowed and not allowed to do in your workplace in the area of political activity.  Below is our recommended language you may want to consider sending to employees.  If you alter this, please have your HR Generalist review changes to be sure they’re compliant.   

We are nearing the November election and as you likely realize, there are strong and diverse opinions about that election. We encourage employees to be active personally in expressing beliefs, advocating for your preferred candidates and exercising your right to vote, however, discussions about candidates and politics in general are not appropriate in the workplace.  You can discuss something that affects your employment directly, like minimum wage issues or working conditions, however, political discussions promoting or disparaging party affiliation, specific candidates or political issues and positions have the potential to create an adversarial environment that can cause workplace disruption and have a negative effect on our clients/customers.  No employee is to engage in such political discussions with clients/customers, and clothing, buttons and other things that identify a particular party or candidate may not be worn in the workplace.  In addition, political-related items are not allowed on our company property, including our company-controlled parking lot.  For example, flying candidate banners on vehicles.  While you may use your vehicle to express your personal political opinions, you should plan to park outside the company parking lot so we can maintain a neutral environment.   

It is also important to review our Social Media Policy, contained in your Employee Handbook so you are sure to adhere to those requirements in anything you post to your personal social media accounts.   

Please contact your HR team to review any particular situations you may incur so we can be sure it is addressed appropriately.   

Content courtesy of Your People Professionals.

Political Activity in the Workplace

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