Politics at work—productive or polarizing? You be the judge

In what appears to be our country’s never-ending political season, employers should expect even more employee discussions on partisan matters during worktime as 2020 winds down. It really is hard to get away from the factionalism and divisiveness as virtually every news item features something connected to the upcoming elections.

Speech isn’t free ‘at all times, in all locations’

How can you maintain productivity and peace at work while otherwise permitting employees to engage in political discussions? First, we must sweep aside the common misconception there is a right to free speech of all manner, at all times, in all locations. Specific to employment issues, the First Amendment speaks only to restrictions by government, not private employers.

Subject to state or local laws, private employers may generally take all sorts of employment actions to limit or respond to employee speech. They include the rights to limit political discourse on the clock and discipline or terminate employees for extremist views expressed off the clock.