Life might get a little more contentious at the water cooler over the next few weeks as we head to the November election. Expect that employees will be talking about politics in your workplace, and it’s a topic that can incite passion. People have strong loyalty to candidates and political parties. Plus, there are many underlying hot-button issues at play, such as abortion, LGBTQ+ rights, race, guns, immigration, and religion, just to name a few. There’s certainly something to offend everybody. Even a conversation that starts with a little good-natured ribbing can quickly turn uncomfortable. Tempers can flare. Resentments can ensue.
People sometimes misinterpret “free speech” to mean that they can say anything, anytime, anyplace. Not so. Freedom of speech is the right to state opinions and ideas without retaliation or punishment from the government, with the important distinction being “the government.” Private employers in many states (but not all) can restrict or ban political discussions in the workplace — but there are gray areas. In some instances, the NLRB protects political speech that relates to work-related issues. And employers can’t dictate the direction of conversations between employees who are on breaks or at lunch.
When it comes to banning discussions about politics, the issue isn’t quite so much a question of “can you” as “should you.” Instead of imposing restrictions, which may be difficult to enforce, some experts suggest that employers may want to establish some ground rules by re-emphasizing the values of professionalism, respect, and tolerance for others – including differences of political opinion. It may be a good time to dust off and circulate your organization’s “code of conduct” from your Employee Handbook. Focus on productivity – don’t allow discussions of any variety to disrupt the workplace. Be prepared to intervene and nip things in the bud if things get heated or argumentative. See our 9 tips for productive discussions in Be the Civility You Wish to See.
Also, it should go without saying, but we’ll say it anyway: As an employer, you should avoid any adverse employment action related to an employee’s political opinions. Also, this is important to note: Employers Banned From Pushing Politics Under Emerging State Laws.
Here tips that we posted for navigating the 2020 election in the workplace:
- Consider issuing a pre-election memo from the senior-most executive acknowledging that while the election may indeed be distracting, the expectation is that everyone will:
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- Focus on productivity and their important role in meeting your organization’s core mission.
- Maintain a culture of respect in the workplace with colleagues, partners, and customers.
- Remind employees of your organization’s zero tolerance policy for harassment, discrimination, and bullying in any form.
- Ask managers to be on alert for signs of conflict or disruption and set an expectation that they will interrupt any potential distractions or conflict to put the focus back on your organization’s work mission.
- Know your state/local laws. While “freedom of speech” generally does not apply to private sector employers, public employers and some states may have different laws regulating workplace speech and political activity. Check with your employment law attorney about any state and local laws about politics related to your workplace.
- Encourage people to vote. Remind employees of your policy for election work leave. See: Do Your Employees Get Time Off to Vote? A State-By-State Guide for Employers. Keep things neutral. Avoid any statements that might be construed as advice or direction about who to vote for.
- Use your EAP: EAP counselors and coaches are available 24/7/365 for any employee stress or problems. In addition, there are free, on-demand eLearning courses on preventing harassment and discrimination, as well as courses on anger management and conflict resolution.
Helpful Resources from Legal Experts
- Election Season in the Workplace: Employers’ Essential FAQs for 2024
- Politics in the Workplace: What Employers Need to Know
- Political Speech in the Workplace: Strategic Considerations for Employers
- It’s An Election Year: Understanding Restrictions on Employer Actions Regarding Employee Political Activity
- It’s Election Season! Regulating Political Speech in the Workplace
- Miss Mannerly’s five tips for political peace in the workplace
Resources from HR Pros
- Amid political talk at work, employees say they want resources for psychological safety
- How HR Pros Can Manage Civil Discourse In the Workplace
- Navigating Politics in the Workplace During a Divisive Election Year
- What People Need for Productive Political Conversations at Work
- Why now is the time for HR to reassess workplace behavior policies
- Handling Election Angst in the Workplace