Talking politics: Know when employee political speech is protected at work

With another presidential election only a few months away, escaping coverage and conversations about candidates and campaigns seems nearly impossible. While there’s nothing new about political coverage increasing during an election year, the unprecedented events during this year’s election cycle along with the extreme polarization of modern-day politics in America have led to increased levels of passionate discourse between those with opposing viewpoints. Employers shouldn’t be surprised that these political discussions affect the workplace and should be prepared to lawfully respond to these situations.

Listed below are general legal frameworks that may apply to an employee’s political speech and therefore should be considered before taking any action against an employee for such speech.

First Amendment

When facing discipline for political speech in the workplace, employees consistently cite the First Amendment and argue they are entitled to free speech. The First Amendment does protect freedom of speech. However, that protection is focused on government action.