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Do Employees Have a Right
To Talk Politics at Work? |
Although candidates have been on the campaign trail for months, voting for the 2008 presidential bid begins on Jan. 3 with the Iowa caucuses. Other states' primaries and caucuses quickly follow, leading to the selection of delegates to national conventions that will officially pick major party presidential candidates.
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More On-the-Job Political Issues  Campaign contributions. The Federal Election Commission and the Justice Department investigate cases in which an employer, after making the maximum contribution allowed to a candidate, persuades employees to give similar amounts in their names, with the promise of reimbursement. For example, during the 1996 presidential campaign, a Georgia manufacturer pleaded guilty to making disguised contributions to a candidate by funneling money through employees.
Discrimination based on political affiliation. While federal law protects employees and job applicants against discrimination on the basis of sex, race, religion and national origin, some states and localities also prohibit employers from discriminating because of political affiliation.
Corporate and labor union activity. Some companies want to provide financial support for political issues they feel will affect them, such as the environment or trade. Corporations and labor unions are not permitted to contribute to federal elections, but they can form political action committees (PACs) to lobby for industry interests.
Individuals can contribute $5,000 a year to a PAC. Contributions must be voluntary, but some executives feel their careers will suffer if they don't give, so they contribute the maximum.
Labor unions are often active in politics, funded by PACs and the union dues of members. Because the financial support of unions is largely given to one of the two major parties, some members feel they are forced, by virtue of their union membership, to back positions they personally oppose.
In 1988, the Supreme Court held that union members who disagree with the political leanings of their unions can request to opt out of the portion of the dues that are used for political activity. (Beck v. Communications Workers of America) |
Some employees who feel strongly about issues and candidates are already expressing their political views at work. And as the political season continues in 2008, even more employees will join in.
Many people believe that the American constitutional right to free speech carries over into the workplace. Not so. Courts have ruled that free speech rights generally don't apply in the workplace of private-sector employers. (Federal government employees are bound by a different set of rules.)
What Can Employers Do? Companies are entitled to adopt and enforce rules that allow for a productive, cooperative environment. In other words, businesses can limit or prohibit employee "free speech" during work hours. During the ongoing election campaign, some employers are doing just that after hostile political arguments have disrupted their workplaces.
Other companies allow employees to discuss politics during the work day as long as it doesn't get out of hand. However, these employers have instituted "no solicitation, no distribution" policies, which forbid employees from asking for campaign contributions and handing out political literature and other items at work. Or they prohibit the posting of political signs or bumper stickers around the building.
Obviously, there's no way to eliminate every polarizing discussion. Problems arise when employees insist on speaking their minds even when their comments anger or offend colleagues.
Here are a few recommendations to help keep a peaceful, productive environment:
 The tone of the work atmosphere usually starts at the top, so lead by example and refuse to be baited into heated political discussions.
Your company's employee handbook probably already addresses sexual harassment. In the upcoming politically-charged election year, it's advisable to review the policy to ensure other forms of harassment are also included to prevent disputes from getting out of hand.
Tell employees not to discuss politics with -- or within earshot of -- customers. After all, employees are agents of your business, and your clientele may not separate them from the company. Customers have been known to walk out of a business rather than put money in the pocket of someone they feel doesn't agree with their political beliefs.
Prohibit the use of company resources, such as e-mail, copy machines, telephones and faxes to promote employees' political beliefs. Not only do these activities waste time and supplies, but recipients who are offended might blame the company. Inform employees that it is illegal for corporations to make contributions to political parties and candidates, and the use of company resources could be considered a form of contribution.
If you choose to allow some limited political discussion, let employees know that intense debates will not be tolerated and viewpoints need to be respected.
For owners and managers, it may be even more important to keep politics to yourself. Employees who feel they are in the political minority often become frustrated, suffer a loss of productivity, and may begin to wonder if they should look for a job elsewhere.
If disciplinary action is taken, it should be applied consistently according to your organization's written policy in order to avoid -- or defend against -- charges of discrimination. Keep written records of discipline and the behavior that led to the corrective action.
There's one other aspect of political speech at work that employers need to keep in mind: In some instances, employees' political expressions displayed in the workplace and while on the job may be protected activity under the National Labor Relations Act (NLRA).
Here's how: The NLRA protects both union and non-union employees' right to engage in concerted activity in matters related to their work and work conditions. For example, a campaign to raise a state's minimum wage could be supported by employees in the workplace. Because the issue could result in an increase in the employees' future wages, their promotion of the political issue might be protected by the NLRA.
Politics is close to the heart of many Americans. It's no wonder then, that many people bristle if they are challenged to defend their deeply-held beliefs or feel pressured to change them. Allowing political debates can be asking for trouble. During the upcoming presidential election, it's a good policy to keep politics outside the workplace.
[NOTE: Information and guidance in this story is intended to provide accurate and general information on the subjects covered. It is not intended to provide a legal service for readers' individual needs. For legal guidance in your specific situations, always consult with an attorney who is familiar with employment law and labor issues.]
© Copyright 2007
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