Cast Your Vote for a Peaceful Workplace
By Judy Kneiszel
As the 2024 presidential election draws closer, political discourse will get more heated. During election season, a workplace can go from calm to crazy in a matter of minutes as conversations escalate into fiery debates that can irreparably damage working relationships.
Employers may be wondering what they can do to turn down the temperature.
When some employees are politically active or outspoken in the workplace, it can be stressful for others. If political discussions become so distracting that productivity drops, or if arguments become hostile, employers need to step in.
But how far can you go?
The loud voices in the room may accuse a manager or HR representative who is putting a stop to election-related talk of infringing on the right to free speech. Those employees will likely be surprised to learn that’s not the case.
It is a common misconception that employers cannot address political speech in the workplace because of the First Amendment. Freedom of speech, however, prohibits the government from limiting speech, not private companies.
There is no federal law that creates a protected class based on political beliefs or actions. Private sector employers may impose reasonable restrictions on political discussions in the workplace.
Start with strong policies
A specific policy on politics in the workplace is not needed if an employer has a clear code of conduct, a strong policy against discrimination and harassment, and similar policies setting expectations for professionalism and respect.
Other policies to consider having in the company handbook relating to political discourse include:
- A dress code and clean desk policy: Employers may ban most political paraphernalia in the workplace. If the bans are enforced consistently (even if it’s the CEO), a policy prohibiting the display of political swag on an employee’s person, on desks, or in cubicles is likely acceptable. One exception, however, is that the National Labor Relations Act (NLRA) gives both union and non-union employees some protection for messaging that connects to work-related issues, such as a candidate’s position on minimum wage. The National Labor Relations Board (NLRB) recently decided that, in certain circumstances, political messages may be connected to prior protected activity and thus become protected speech.
- Equipment policy: A policy that restricts an employee’s use of company equipment and resources for non-work-related purposes could prohibit employees from using company equipment to share political messages. An employee could not display political slogans as their background in virtual meetings, for example. Company equipment and resources include company-issued computers, work email accounts, physical and electronic bulletin boards, messaging platforms, printers, copiers, etc.
- A non-solicitation policy. This kind of policy may be used to prohibit employees from soliciting donations for a candidate or handing out political materials in the workplace. This is another area where the policy language must be specific and follow all applicable laws, especially in not restricting rights guaranteed by the NLRA. A blanket prohibition could be a violation of the NLRA, which provides exceptions for union activities.
- A social media policy. This policy should specify that employees must not make statements that appear to be on behalf of the employer or use employer-sponsored social media accounts to post their personal political viewpoints.
Pay close attention to NLRA and state protections
The NLRA provides employees with certain rights to discuss working conditions. Working conditions include pay rates, benefits, safety, and other terms and conditions of employment.
If employees are having political discussions that relate to working conditions, enforcing policies that may otherwise shut down the discussion must be done carefully.
Also be aware that some states have enacted laws limiting the type of controls an employer can assert over employees. Employers may be prohibited from:
- Terminating employees based on political affiliations,
- Threatening to prevent employees from taking part in political activities,
- Coercing or influencing employees to support or oppose a specific candidate or issue,
- Disciplining an employee for lawful, off-duty political activity, including online activity, and/or
- Maintaining records of an employee’s off-duty political activity.
Wisconsin does not have laws of this type, but even when operating in states with no such laws, any of the above actions are best avoided as they are likely to break down employee trust and workplace morale.
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