Managing office politics: avoiding discord in the workplace

It seems like we live in a tinderbox. The combination of the upcoming presidential election, emerging debates about social justice issues, and the ongoing pandemic seems to have created the perfect storm. When filtered into a diverse workplace, passionate opposing political viewpoints can harm productivity and morale and even create liability issues. Sometimes, for instance, political discussions can morph into something that creates a hostile work environment for a member of a protected class.

Keep in mind  the First Amendment right to “free speech” doesn’t prevent private employers from restricting speech. Let’s discuss what private employers can and should do to regulate political communications.

Can management encourage employees to vote a certain way?

If employees are nonexempt under the Fair Labor Standards Act (FLSA), employers may not influence their actions in elections. The restriction includes encouraging (or discouraging) them to vote or to register to vote, back a particular candidate, run for political office, or support a referendum.

Can management ban political discussions?

Yes, with a couple of caveats. First, any ban shouldn’t extend to activities protected under the National Labor Relations Act (NLRA). In particular, the NLRA allows nonsupervisory employees to communicate about the terms and conditions of employment, such as wages and hours. It’s against the law to prohibit employees from discussing political issues if the talk touches on the terms and conditions of employment.