Employers have the right to limit or even prohibit political discussions at work.
It’s no secret that the political climate in the United States is incredibly divisive. Americans have strong opinions about the current state of affairs in Washington, DC (and even about state and local politics), and are increasingly willing to discuss their opinions in any number of forums. While an interest in government and politics is great for our democracy, these conversations are not always civil. When this discourse happens in the workplace, it can create awkwardness and tension. This raises an important question: can employers ban political discussions at work?
Most people believe that they have a constitutional right to express themselves. And it is true that the First Amendment of the U.S. Constitution protects free expression — but only from government intrusion. Unless you work for the government, your employer is entirely within its rights to limit or prohibit political discussion at work, according to seasoned employment attorneys.
There are many sound business reasons why employers may choose to ban political discussions at work. As discussed above, political discussions can get heated, and are often highly personal. Forbidding them can prevent disruptions in the workplace and increase efficiency. In addition, putting a hard limit on political discussions at work can also prevent conflicts of interest with the company, or situations that may damage the business. For example, if the company utilizes steel as part of its manufacturing business, and an employee gets into an argument with another employee about the new tariffs in front of a customer, that may negatively impact its business. In many situations, it simply makes sense to tell employees to not discuss politics at work.
However, many states — including California — prohibit employers from directing or controlling employees’ political activities. In other words, employers cannot tell employees to knock on doors for a particular candidate, or go to a protest or a march in support of a political issue. Employers also cannot discriminate against a particular viewpoint. For example, an employer cannot allow people to talk about politics if they support his views, but not if they support opposing ideologies.
According to employment attorneys, employers also have the right to institute dress codes. This means that employers can ban political buttons, t-shirts and other forms of political advocacy. However, this rule must be across the board — employers cannot allow only some buttons or t-shirts to be worn while prohibiting others. One big exception to this rule is items relating to union membership; the National Labor Relations Board has ruled that employers cannot prohibit employees from wearing this type of gear.
Of course, just because employers have the ability to institute these rules does not mean that they always follow them or enforce them responsibly. Workers may be discriminated against for their political views, particularly if those views related to their membership in a particular protected class.
If you believe that you have been the subject of workplace discrimination or harassment due to your political views or your membership in a protected group, an experienced employment attorney can help. Contact PLBH today at (800) 435-7542 or info@plblaw.com to schedule a confidential consultation and learn more about how we can help.