Every presidential campaign sparks intense debate. It seems like that debate has become more intense over the decades. The Clinton versus Trump battle has so far proven to be one of the most contentious ever.
At your workplace, this not only brings up concerns about your company culture, but some legal concerns as well. Here’s what to consider so you keep your company within the law and your workplace a motivating and productive place top performers love:
1. The First Amendment Protects Your Employees
In the private sector, you can create “reasonable restrictions” on political discussions that happen during work time. Outside of that, employees have much greater freedom.
2. Use a Balanced, Consistent Approach
You may not want to create special “reasonable restrictions” because of the impracticality of doing so. You might want to wait and see how things go at your workplace, and then respond according to company policy if discussion becomes disruptive or even violates law.
3. Potential National Labor Relations Act (NLRA) Violations
Section 7 of the NLRA allows your employees to act together to improve wages and working conditions. This applies equally to employees of all kinds, union and non-union. And by extension, the discussion of wages and working conditions can trigger debate about political candidates too.
In that situation, it’s likely Section 7 of the NLRA protects your employee. And, this also protects political discussions during non-work hours (breaks) in non-work areas (break rooms).
4. State and Local Laws Can Come into Play
In California, for example, you can’t retaliate for lawful employee political actions outside of work. If they participate in a rally supporting a particular candidate, you have to allow them to do so. However, if they break the law at the rally by assaulting a police officer or supporter of the opposing party, that conduct usually isn’t protected.
5. Can Employees Use Company Resources for Political Activity?
In most cases, no. You have the right to restrict employee use of company property for political purposes. However, the National Labor Relations Board has ruled employees can use your email system to engage in Section 7 protected activities. At the same time, they must do so during nonworking time and must have permission to use your email system for other purposes.
6. Displaying Political Material
You can create reasonable limits on political posters, pins, and other material. At minimum, you should prohibit any material that violates your nondiscrimination or anti-harassment policy. However, the NLRA does protect union-related material. So, if your employee has a poster with a candidate supported by their union, you may have to allow it.
7. Your Company’s Political Activity
There’s lots of law regarding your company’s ability to influence employee’s political views. As a manager or exec, you can’t impose your political views on your employees. Make sure you have an intimate understanding of law and how you and your managers can use it.
Conclusion: Ask Yourself These Questions to See if Any Violations Have Occurred
If you have contentious political activity within your company, consider these questions to determine what action to take next:
- Has your company conducted a thorough and objective investigation?
- Does federal, state, or local law protect your employee?
- Did your employee’s conduct violate company policy in any way?
- Does your company have a legitimate business interest in stopping your employee’s behavior?
- Does Section 7 of the NLRA protect your employee?
- How have you historically handled this same situation in the past?
It’s not easy managing political debate in your workplace. Hopefully, this post points you in the right direction so you can handle challenges as they arise.