How to keep the peace this election season

It might be cold outside, but the 2020 election season is heating up. These days, political tension seems to spread like wildfire, and the workplace is no exception.

Please note: This article addresses only political speech restrictions in private employment.

Use reasonable restrictions

The First Amendment protects against only government restrictions on speech. That means it doesn't prohibit private employers from placing reasonable workplace restrictions on political speech. For example, you may limit political discussions to break times or direct that company property (such as e-mail) cannot be used for political purposes. In short, employees shouldn't use company time or resources for political campaigning.

Importantly, the National Labor Relations Act (NLRA) protects a subset of political discourse at work—speech related to unionization and collective bargaining. You cannot interfere with or restrict employee speech regarding wages, hours, and union rights, even if it gets political. For example, you shouldn't prohibit an employee from discussing union issues or wearing union buttons at work. That is the case regardless of whether there's an active collective bargaining agreement in place. The NLRA protects all private employees, not just those with an active union presence.

Prevent intimidation, discrimination