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Although many people tend to avoid discussing controversial topics at work, the mantra of “Don’t talk about politics” is becoming increasingly difficult to follow during this election year.  Because of this, and the current war climate, it is inevitable that political debate, and possibly activism, will arise in the workplace. 

How should employers address this issue?  Although the First Amendment allowing freedom of speech applies to employees in the public sector, it technically does not apply to employees in the private sector.  However, most employers allow their employees to verbally express their political views during work hours.  Management retains the authority to halt the conversation if the discussion appears to be getting disruptive or if it is impairing working relationships.  Workplace harassment laws protect individuals from any speech that creates a "hostile or abusive work environment,” as political commentary at work falls under harassment law doctrine. 

When the conversation turns to politics, it is important for all parties to remember that everyone has a right to an opinion.  Whether he/she is a Democrat, Republican, or an Independent, every employee should be able to voice his/her opinion without fear of discrimination.  Likewise, employees must keep in mind that they should not criticize the beliefs of others while voicing their own opinions.  It is imperative that all employees and members of management “agree to disagree” and still maintain professional, positive relationships. 

Depending on your organization’s work culture, there may be specific rules and guidelines regarding political activities.  Universities and other tax-exempt organizations, for example, take great strides in maintaining a non-partisan atmosphere.  The University of Washington’s “Laws and Policies Surrounding Political Campaign Activities of University Employees,” and the University of Vermont’s “Policy Statement on Political Activities:  Tax Exempt Organization Restrictions” are excellent examples of such policies.

At times, employees may decide to actively participate in politics, either locally or nationally, and may ask their company for financial contributions.  Many state laws prohibit or limit contributions by companies to political parties or candidates.  Be sure to check your state government’s website for more detail.  Employees have the right to run for office if they choose to do so.  According to Workforce Management’s Q&A article “Dear Workforce: Should Employees be Involved in Politics?”, employees must be clear that when they express their political views, they are individual views and not the views of the company.  In addition, employees must notify and receive approval prior to performing political activities on company time.  If serving in public office, the employee must avoid conflicts of interest by not participating in any political matters involving their employer.  For more information, click here.  While written for Department of the Interior employees, the site is still a helpful guideline.

 Employees with strong political views should consider how they want to express themselves and how much they want to reveal to their coworkers.  By allowing others into a private part of their lives, they are possibly leaving themselves open for conscious or subconscious judgment.

Keep in mind that employees who wear campaign buttons or shirts, or who pass out campaign literature during work hours are in violation of the National Labor Relations Act.  Section 7 of the NLRA states that it is an unfair labor practice for employees “to interfere with, restrain, or coerce employees in the exercise of rights guaranteed.”   Therefore, the act of wearing a political button is considered a form of solicitation since it can be construed as an attempt to “coerce” fellow employees to vote for a particular candidate.  This includes displaying campaign posters in individual work areas if these areas are in view of others.  If employers choose to ignore the NLRA, and allow this behavior, they can, in a sense, be “opening a can of worms” since the Act protects against solicitation by unions.  If you allow one group to solicit, you may be opening the floodgates to an array of other activities that are not welcomed in your organization.

If handled with respect and tolerance, political debate and activism shouldn’t be considered negative.  It is a positive sign when employees show passion, rather than apathy, regarding the future of our nation.

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