At work, on a first date, at the dinner table, at your kid’s soccer practice—basically anywhere— you’re likely to be mindful of the sage advice that you shouldn’t talk religion or politics in polite company. In the United States, this guideline has almost become a rule of common etiquette. Yet, as common as it may be, it’s a rule that is just begging to be broken.
This year’s presidential race has completely consumed the media, and it’s bleeding into our everyday lives. You can’t scroll through the news or social media sites without seeing political posts, opinions, comments, articles, or even memes mocking the candidates. Not to mention, the American public appears to be more starkly divided than ever. As we quickly approach the next general election, now is as good a time as any for HR professionals to take a hard look at how to handle the issue of talking politics at work.
We all know that political discussions at work don’t usually end well. That isn’t to say that all non-work-related conversations between coworkers are bad. In fact, discussing life outside of work is generally healthy and should be encouraged. Colleagues who socialize and can relate to one another outside the office are often able to utilize that connection to improve productivity inside the office. Politics, however, is generally a divisive subject.
As employers, we are responsible for ensuring that our employees feel safe and comfortable at work. Employees come from various backgrounds with different beliefs, and as a result, some may be offended by certain political stances on controversial social topics.
Politics involves worker rights
Here are a few things to consider when you assess your practices and policies this campaign season.
Consider the various levels of regulations on politics in the workplace. State, county, municipal, and federal regulations can vary. Far too often, employers believe that because they are in compliance with one regulation, they can disregard or fail to adequately research some lesser known regulation that may apply only in their municipality. Make sure you understand the interaction between local, state, and federal statutes.
Review the NLRA. While you can implement general policies restricting political discussions and campaigning at work, the National Labor Relations Act (NLRA) protects workers’ rights to discuss workplace conditions, among other things. Specifically, Section 7 of the NLRA allows employees to “engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” That has been interpreted to mean that employers cannot limit employees’ speech about terms and conditions of employment.
Consider what kind of institution you are. Government entities operate in a somewhat different environment. Generally, private-sector employers have much more discretion in their ability to regulate employees’ speech in the workplace.
Proceed with caution if your employees are unionized. Most unions are politically active, and supporting a particular union may be viewed as synonymous with supporting a particular political position. According to the National Labor Relations Board (NLRB), which enforces the NLRA, an employer cannot prohibit employees from “wearing union buttons, t-shirts, and other union insignia.”
Leeway in private sector
Overall, private-sector employers have a substantial amount of leeway when it comes to restricting political discussions at work. Of course, you should fully evaluate the points covered in this article before you institute a new policy or make changes to a current one. Most important, make sure any changes don’t limit employees’ speech about workplace conditions or political topics that could affect workplace conditions—particularly if your employees are unionized.
A final point to consider when you’re thinking about political speech in the workplace is whether you, as an employer, are contributing to a particular candidate’s campaign or a particular cause through your company’s political action committee. As we move into the height of the political season, keep in mind that your contributions are publicly available.
Cassandra Lewis is a management consultant with F&H Solutions Group.