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Political wars in the workplace: What’s an employer to do?

October 2025 employment law letter
Authors: 

Shannon S. Pierce, Fennemore Law

The recent shooting of conservative political activist Charlie Kirk sparked heated media and online discourse right away. Those who agree with the values Kirk expressed mourned his loss. While certainly not true of all who disagreed with his views, in some cases, certain comments by individuals whose views did not align with his could be characterized by some as less than empathetic. When such hot-button discussions occur in the workplace, it’s important for employers to remember several key points.

Protected rights

While political discourse is an important part of American civics, in the context of private employment, politically driven conversations can sometimes run afoul of protected rights. This is especially true when one’s political statements are intertwined with protected classifications such as race, sex, and religion.

Take, for example, a comment about the Trump administration’s immigration policies. If an employee expresses support for vigorous immigration enforcement, depending on what is said, this could be viewed as suggesting an animus against individuals of a certain race or national origin. Similarly, more conservative-leaning commentary can, in some circumstances, be interpreted as being unsupportive of gender equality rights.

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