Social media, the Pandora’s box where everyone’s opinion on everything is visible anytime, is unavoidable. The sharing of opinions (often strongly held) creates a challenge for employers when opposing views spill into the workplace. The good news? With the right approach, you can foster respectful expression without crossing legal lines.
Avoidance Is Not a Strategy
Political expression impacts morale, productivity, and company reputation. With remote work and social media amplifying employees’ voices, a single post can spiral into a crisis that can impact your organization’s relationships with customers, clients, and other employees. The question isn’t whether to address political speech, but how.
Understanding What’s Protected (and What’s Not)
Many employees misunderstand their rights when it comes to workplace speech. Here’s what you need to know:
First Amendment: This is the big misconception. The First Amendment protects against government censorship only—not private employers. Private companies can limit speech in the workplace.
National Labor Relations Act: The NLRA protects “protected concerted activity,” meaning employees can discuss wages, benefits, and working conditions. This means libelous, offensive, or discriminatory communications are not protected.
Anti-Discrimination Laws: Employers can discipline employees for language that discriminates against or harasses others, even if it occurs outside the workplace or on social media.
State Laws: Some states do protect political affiliation or lawful off-duty conduct, so check your local regulations before taking action.
Solutions for Striking the Right Balance
The key to managing workplace political issues is proactively setting expectations:
Establish Clear Policies: Communicate that political speech on personal time shouldn’t violate your anti-discrimination, anti-harassment, code of conduct, or social media policies.
Stay Neutral: Apply the same standards to all employees, regardless of political viewpoint. Selective enforcement invites discrimination claims.
Avoid Blanket Restrictions: Broadly prohibiting political expression may violate the NLRA and state laws. Focus on behavior and content that disrupts operations or harms your organization.
Promote Respect: Encourage professional communication both in-person and online. Ensure managers lead by example.
Ready to Get Ahead of This Issue?
Navigating political expression in the workplace requires nuanced policies tailored to your organization. Our employment attorneys draft and review policies daily, helping clients implement best practices that protect both employees and employers. Don’t wait for a crisis—contact us today to learn how we can help your business be harmonious and compliant with the law.