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Turning down the heat: how to keep the peace this election season

January 2020 employment law letter
Authors: 
Sarah Stula, Foulston Siefkin LLP

It might be cold outside, but the 2020 election season is heating up. The Iowa caucuses are around the corner, and soon every social media outlet will be burning with political rhetoric. These days, political tension seems to spread like wildfire, and the workplace is no exception. The American Psychological Association estimates that one of every four employees was negatively affected by political conversations at work during the 2016 election. No doubt, politics will spread into the workplace again this year, causing friction between employees. Here are three ways private employers can help keep the peace this election season.

Please note: The tips below are for private—not public—employers. The distinction is important because public employers are subject to the First Amendment of the U.S. Constitution, which prohibits the government from abridging the freedom of speech, but private employers are not. This article addresses only political speech restrictions in private employment.

Place reasonable restrictions on political speech—except for collective bargaining

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 discussion 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.

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