A few of our employees are getting into heated political debates in the office. What’s the best way to handle this?
Quick Answer
Tell employees that you welcome political discussion at work but that you will not tolerate any discussion that unduly disrupts workplace operations.
Legal Perspective
Shawe Rosenthal
Baltimore, Maryland
Private employers can prohibit disruptive activity in the workplace, and that includes heated political discussions, says employment attorney Fiona Ong.
Although employees may cite the First Amendment right to free speech, that only applies to the government, not private employers. And while several states have laws that protect the freedom of expression, employers can still prohibit speech that is disruptive. Of course, employers need to ensure that they are consistent in enforcing any speech prohibitions, as political speech sometimes implicates other protected characteristics, like race or religion.
In addition, the National Labor Relations Act, which applies to both unionized and non-unionized workplaces, protects employees’ rights to engage in discussions about the terms and conditions of employment. So if the political discussion involves which political candidate may be preferable with regard to wages or benefits, for example, that specific discussion may be protected under the NLRA.
Relevant Case Law
Daza v. Indiana
Noble v. Cincinnati and Hamilton County Public Library
Hollins v. Wilkinson County School District
HR Insight
Raphael Health Care LLC
Columbus, Ohio
This is a difficult issue and never has it been more heated than this election cycle, says HR Manager Margaret Hawkins.
I would hold an “all hands” meeting to talk about the impact of political discussions in our workplace ( potential for violence, alienation, bullying, creating a hostile work environment, etc.) and I would encourage employees not to engage in heated political discussions in the workplace.
The Malish Corporation
Mentor, Ohio
If I came across employees in a heated debate over politics, I’d inform them that the workplace is not the appropriate place for such arguments, says HR Manager Vicki Hoffman.
I’d encourage them to save the heated political debates for after work.
San Bernardino Superior Court
Redlands, California
Call all staff together and make them aware of the negative effects that political conversations can cause, says Susan Zenzen, HR Benefits and Payroll Administrator.
Instruct employees to use discretion if a conversation is held. You may also need a social media policy to ensure that personal views posted on any social media platform clarify that the comments are not a reflection or opinion of the employer.
Key Takeaways
- Private employers can place reasonable restrictions on workplace political discussions in the workplace.
- Private employers may ban workplace political discussions that unduly disrupt workplace operations.
- When regulating workplace political discussions, employers must be mindful that the National Labor Relations Act protects employee discussions relating to working conditions or wages.
- Strict and complete bans on political discussion in the workplace may negatively affect employee morale.
- Tell employees that you value and respect diversity of viewpoints, including with respect to politics.
- Be sure to apply your policy regarding political discussions at work evenly to all employees.
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