By Christina Santillo, SHRM-CP, Senior Human Resources Consultant
Election season is here. As political conversations become more common, employers may find themselves navigating difficult situations involving political discussions, campaign-related clothing, and disagreements among employees.
While employers have an interest in maintaining a professional, respectful, and productive work environment, it’s important to recognize that certain employee speech and activities may be protected by law.
Taking a proactive approach before political tensions enter the workplace can help employers establish clear expectations, reduce conflict, and minimize potential legal risks.
Understanding Employee Speech Protections
Some employees may cite their right to free speech. The First Amendment to the Constitution of the United States does provide U.S. citizens with the right to free speech. However, that amendment limits actions taken by government, not by private employers. That means only employees working for a government employer have a right to free speech in the workplace. Private employers typically have the right to prohibit speech relating to politics in the workplace with limited exceptions. For instance, some states have laws that prohibit employers from disciplining, or otherwise restricting, employees from expressing their political affiliations or views, or being affiliated with a political party.
Another federal law, the National Labor Relations Act (NLRA), protects many private-sector employees who engage in protected concerted activity, including discussions and collective efforts concerning wages, benefits, workplace safety, and other terms and conditions of employment. However, this law does not protect employees’ political discussions centered around issues that are not directly related to the workplace and/or are not controlled by the employer.
Why Proactive Communication Matters
Waiting until an employee complains or a heated political disagreement occurs will make workplace issues more difficult to manage.
Instead, employers should communicate expectations before election-related discussions become disruptive. The following sample communication offers one approach an employer can take to proactively address the elephant (and the donkey) in the room.
Hi Team,
As election season approaches, we recognize that political discussions may become more common. We also recognize that employees may have different political beliefs, perspectives, and opinions.
We respect everyone’s right to hold their own views. At the same time, we want to remind all employees of our expectations for maintaining a professional, respectful, and inclusive workplace.
Please keep the following expectations in mind:
- Employees are expected to treat coworkers, customers, and visitors with courtesy and professionalism.
- Personal discussions should not interfere with job responsibilities, productivity, or workplace relationships.
- Threatening, discriminatory, or unlawfully harassing behavior will not be tolerated.
Thank you for doing your part to maintain a positive and professional workplace.
Election season doesn’t have to create workplace conflict. With clear expectations, consistent enforcement of policies, and an understanding of employee rights, employers can help prevent disagreements from escalating into larger HR issues.
If you are an employer with questions about protected speech or if you have questions about any HR issue, contact our Risk Management Division by phone at 855-873-0374 or by email at . We will be happy to help!
Disclaimer: This information is for informational purposes only and not for the purpose of providing legal advice. This article does not create an attorney-client relationship between Keystone’s Risk Management Division and the reader.