As the 2024 U.S. presidential election approaches, many employers are bracing themselves for an uptick in political discussions—and possible tension—in the workplace. The strategy for navigating this seemingly unavoidable challenge is not as simple as banning all political discussions and activity in the workplace. While private employers may adopt internal policies to address political speech and activity in the workplace, any such policies must be drafted carefully to comply with state and federal laws, including the National Labor Relations Act, Title VII of the Civil Rights Act of 1964 and its state counterparts. Policies must also be enforced in a manner that is consistent with applicable law. For example, political speech that also relates to an employee’s wages or other working conditions may implicate rights most employees have under Section 7 of the National Labor Relations Act, regardless of whether those employees are members of a union. Similarly, certain political issues are inextricably linked to characteristics that are protected under state and federal anti-discrimination laws. These complicated dynamics underscore the need for employers to monitor the legal landscape surrounding political activity in the workplace, while maintaining clear workplace policies that prioritize basic principles of respect, professionalism and inclusion.

 As the 2024 U.S. presidential election approaches, many employers are bracing themselves for a wave of political discussions—and tension—in the workplace and elsewhere. Navigating these inevitable interactions and the disruption they may cause is not as simple as banning all political speech and activity in the workplace. 

Listen to Carla Reeves Discuss How to Navigate Political Speech in the Workplace Here:

https://vimeo.com/1017625201?share=copy

Federal and State Laws Affecting Employers’ Rights

While private employers may adopt internal policies restricting political speech and activity in the workplace, such policies must be drafted and enforced with attention to relevant federal and state laws, including Title VII of the Civil Rights Act of 1964 and its state counterparts, the National Labor Relations Act, and state laws governing employee speech and off-duty conduct.  

For example, political speech that also relates to an employee’s wages or other working conditions may implicate rights employees have under Section 7 of the National Labor Relations Act to engage in concerted activities, regardless of whether those employees are members of a union. Similarly, while there are no federal laws prohibiting discrimination against employees and applicants based on their political affiliation, beliefs or activities, some state laws do offer those protections. 

The Impact of Anti-Discrimination and Anti-Harassment Laws 

As the current political discourse makes clear, certain political speech and activities may be so closely linked to protected characteristics that they implicate state and federal laws prohibiting discrimination and harassment in the workplace. 

Consider, for example, recent remarks about Vice President Kamala Harris’s race, references to “Black jobs,” or use of the term “DEI hire” to describe members of historically marginalized and underrepresented groups in politics and elsewhere. Other examples include discussions of LGBTQ+ rights and reproductive rights. It isn’t hard to imagine how these topics, and disputes over competing views on them, can make their way from the political arena into the workplace. 

Well-crafted policies regarding standards for workplace conduct, reinforced by training, can help to prevent workplace interactions from escalating into disruptive and offensive behavior.    

Examples Of Political Speech In The Workplace

• An employee makes offensive comments about a colleague’s political affiliation
• An employee displays a political slogan in a virtual background used for meetings
• An employee engages colleagues in debates about support for a political candidate whose policies the employee believes will result in higher wages.  
• A supervisor passes time at the beginning of a meeting by discussing reactions to candidates and topics that were the subject of a recent political debate.

Carla Reeves Discusses How to Navigate Political Speech in the Workplace:

https://vimeo.com/1017630891?share=copy

The Takeaway

As the election nears, political interactions are becoming increasingly fraught. The workplace is not immune from these challenges. Employers should consult with counsel for guidance on legally compliant strategies for addressing politics in the workplace, and maintain clear policies that prioritize basic principles of respect, professionalism and inclusion. 

Following Up

I’m curious about your experiences with politics in the workplace. How have you navigated these interactions? If you want to learn more about this post or the work my colleagues and I are doing in this area, feel free to reach out to me.