Walking the line: Guidance on political speech and attire in the workplace

With the presidential election just behind us, it’s no surprise that political tensions are high and citizen campaigning continues to permeate the workplace. With a record number of employees donning “Make America Great Again (MAGA)” hats and “Yes She Can” T-shirts at work, employers want to know whether they can—or should—implement policies to keep politics out of the workplace. While this decision depends on many factors and will ultimately be unique for each employer, Arizona employers should consult with legal counsel and be mindful of the following legal guidance.

Political speech in the workplace

Employers have a legitimate interest in maintaining productivity and managing their business, including controlling the work environment. So, they can implement policies about political speech in the workplace.

However, when addressing political speech, private-sector employers must carefully balance employees’ rights with the First Amendment’s legal framework, the National Labor Relations Act (NLRA), and antidiscrimination laws.

First Amendment and private-sector employee political speech