Keeping the Workplace Cool When Politics Heat Up: Insight from Labor and Employment Attorney George A. Reeves, III
October 4, 2012
COLUMBIA, SC – October 4, 2012 – As we draw closer to Election Day, candidates for office – and their supporters – are ready to ratchet up the intensity of their campaigns and messages. Employers can be sure that this fever pitch will find its way into the workplace and need to be prepared to keep simple political discussions from turning into uncivil – or illegal – harassment.
The problem for employers is that discussions of politics frequently deal with more than just job creation, the role of government, or tax policy. Instead, these broader issues usually touch on sensitive undercurrents. For example, discussions about immigration policy may spark debates about national origin while social issues such as abortion or marriage necessarily involve issues related to gender and sexuality. In fact, a simple conversation about the presidential candidates themselves can easily turn into a debate about race and religion.
It is not practical to try and eliminate all political discussions in the workplace. So, in order to keep things from getting too heated around the water cooler during election season employers should consider the following:
Comply With Policies and Laws. Not every employer has a policy dealing with political discussions or activity in the workplace. If an employer does have a policy, then it must ensure that the policies are administered equally and without bias. If an employer does not have a policy, then employers should nonetheless insist that employees and managers treat each other’s political opinions and differences with mutual respect and in accordance with the employer’s existing EEO policy.
Also, employers should be aware that some political speech is protected. For instance, the National Labor Relations Act may protect some political speech if the discussion deals with employees’ conditions or terms of employment. Furthermore, while the First Amendment does not protect free speech in a private workplace, public employers are generally prohibited from making employment decisions based on political affiliations or beliefs. Finally, many states have laws that require them to ensure adequate time off for voting and how employees are to be compensated for such time.
Remain Neutral. Employers and managers can find themselves in legal trouble if they spread propaganda about their preferred candidate or political platform. While an employer should encourage its employees to vote, managers should never encourage employees to vote for a particular candidate. Also, employees should never feel coerced into supporting or contributing to a candidate as a condition of employment.
Avoid Criticism or Jokes. Inappropriate comments about political affiliations or subtle jokes about an employee’s political beliefs can make some employees feel like targets especially if the comment comes from a superior. A simple jab like, You’re only supporting her because she’s a woman, can lead to trouble for an employer.
About the Author
George A. Reeves III is an associate in the Columbia office of Fisher & Phillips LLP. Fisher & Phillips LLP represents employers nationally in labor, employment, civil rights, employee benefits and immigration matters. The firm has more than 275 attorneys in 27 offices. Founded in 1943, it is one of the largest U.S. law firms to concentrate its practice exclusively upon representation of employers in labor and employment matters. For more information, call (803) 255-0000 or visit www.laborlawyers.com.
