Politics in the Workplace: What to Know

As the 2024 election approaches, the country feels increasingly divisive. Opinions on both sides of the aisle are strong and ever-present on TV, radio, and in news outlets.

Those opinions can also spill over to the workplace. As an employer, how do you handle political discussions amongst employees? Ignore them? Join in? Shut them down?

Keep the peace

It may seem surprising, but generally, any of those options are permissible, so long as you are not violating anti-discrimination laws and/or the National Labor Relations Act (“NLRA”). However, what may be permissible, is not always wise. As an employer, it is important to ‘keep the peace’ to ensure a positive and respectful workplace. But how does an employer ‘keep the peace’ in the current political landscape?

Legal considerations

Most states do not directly prohibit anti-political speech policies. Regardless, creating an anti-political speech policy is not advised for a couple of reasons. First, the NLRA protects employees’ right to discuss the terms and conditions of their employment – this could mean political policies/ideologies that concern employee rights. Notably, even if your workforce is not unionized, your employees are still protected under the NLRA.

Additional considerations

Additionally, employees may feel stifled by an employer who prohibits political expression, and in turn, become resentful. This is particularly true during an election year and/or if your business operates in a creative or socially conscious industry.

Recommended policies

Regardless of the reasons not to have an anti-political speech policy, there are several reasons to implement and enforce policies that prevent inappropriate workplace discussions. Such policies may include a Professional Conduct Policy, Disruption in the Workplace Policy, or Workplace Civility Policy.

These types of policies are important to ensure that employees express their beliefs in a way that is respectful to their coworkers. Otherwise, their speech could turn into harassment or discrimination veiled as a political opinion (e.g., an employee tells their coworker, a foreign national, that they believe immigrants should not be allowed to work in the United States).

Enforcement

Policies must be enforced consistently, or your company could risk a discrimination claim. For consistent enforcement, management should be trained on speech that raises red flags and needs to be addressed. Management should also be trained on how to consistently issue discipline for policy violations. Non-management employees should also receive training to review the policy and examples of what is appropriate versus inappropriate.

OER can help

Optimal Employee Relations, LLC can assist your business in identifying the best policy for your workplace, drafting, and implementing the policy, as well as training. To get started, just fill out the form below.