Context matters: Balancing business interests and political speech

Political speech in the workplace has continued to be a hot topic since the 2024 elections. Political speech can be defined as an expression of political views, affiliation, or activities within a professional setting. One recent poll showed that a quarter of businesses have disciplined employees for their political speech. A recent case from the U.S. 8th Circuit Court of Appeals (whose rulings apply to employers in Arkansas and Missouri) offers guidance on how employers may protect legitimate business interests when addressing workplace political speech.

BLM at work?

Home Depot directed an employee at one of its home improvement stores in Minnesota to remove the written notation “BLM”—a reference to the racial justice movement Black Lives Matter—from their orange uniform apron. The employee filed an unfair labor practice charge with the National Labor Relations Board (NLRB), claiming they had engaged in concerted, protected activity under the National Labor Relations Act (NLRA) and had been constructively discharged for refusal to remove the BLM reference.