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Addressing political activism when tempers flare in workplace

February 2021 employment law letter
Authors: 
Brendan N. Gooley, Carlton Fields

The presidential election may be over, but nationwide civil unrest has spilled into 2021, which is already shaping up to be a year filled with contentious political debate. Here are some tips for employers to help tamp down the temperature when employees engage in divisive political talk and action at work.

Challenging times for employers

Political discussions and activities can create a number of difficult issues for employers. Many businesses try to avoid taking a stance on partisan issues. Others may decide to support a particular position.

Consider what happens when an employee disrupts the company’s plans by advocating at work for a position the employer either opposes or doesn’t want to get involved in. The conflict can raise issues involving freedom of speech.

Dealing with political activist employee

Suppose the managers of a Connecticut retail business have carefully avoided taking sides in an ongoing political debate. An employee feels strongly about the issue, however, and has been wearing a shirt to work advocating for his position. The shirt has caused a few scenes with customers who disagree with the employee’s position, and other customers have become uncomfortable because of the passionate debates the shirt has ignited.

Can the employer do anything? As with most questions, the answer is, it depends. State laws protecting political speech (such as wearing a shirt expressing a position) differ.

What Connecticut law says

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