How to Keep Political Discussions From Blowing Up at Work

Because of the pandemic, millions of American workers work from home at least part-time. Under these working conditions, you'd think the threat of heated political arguments are low because co-workers aren't around each other. You might feel the risk of heated political talk would be minimized because co-workers from opposite ends of the political spectrum aren't working side-by-side. And for once, management's need to monitor political chit-chat to keep it from turning ugly would be lessened. But that isn’t the case even during a pandemic.

Today’s electorate is as polarized among party lines since the Vietnam War and civil rights era of the late 1960s, or maybe the Civil War a hundred years earlier (NOT an exaggeration). Therefore, managers, leadership, and HR departments of all companies must remind employees what is and isn’t allowed regarding politics in the office.

The 2020 presidential Election Day is just over a month away. Early voting has already begun in many states, so you cannot escape political commentary or advertisements anywhere — even at the office. Furthermore, world and national events have emotions running pretty hot. In one sense, it seems like the whole country has turned into one of those miserable Thanksgiving Day dinners with your family where you know your drunk uncle is going to start a knock-down-drag-out fight with someone. It’s just a matter of time.

What employers must do to keep a civil work environment

During these unstable political and social times, it’s easy for what used to be breakroom or lunchtime conversations to turn into heated debates. Even over Zoom meetings. Now, more than ever, employers must set up boundaries for political discussions at work to steer clear of damaging harassment. Because in times like these, most people have opinions, and many can only stay quiet for so long.

Additionally, it’s also vital for HR professionals and management to anticipate any employment law issues that may arise in an election year. And that includes, but isn’t limited to, an employee’s right to vote.

But, regardless of your political thinking, most of us agree on one thing; political harassment, just like any harassment or bullying, has no place at work. Harassment is unacceptable in any way and will destroy productivity. And, if it goes too far, there are legal repercussions to be considered. 

So, as an executive, HR professional, or team leader, are you 100% sure that you can stop disruptive dialogue in its tracks and maintain productivity? And, can you do it while staying within your legal boundaries without stomping on your employees' legal rights?

Here are the five biggest questions you need to know the answers to during a highly emotional political season:

1) Doesn’t the First Amendment cover an employee's freedom of speech at work?

Ask most Americans what freedom of speech means under the First Amendment of the U.S. Constitution, and they'll get it wrong. Nobody has a Constitutional right to free speech at work. The Constitution’s right to free speech only applies when the government is trying to restrict it.

Employees confuse the First Amendment of the Constitution with Section 7 of the National Labor Relations Act, which gives exceptions to an employer’s remarkably broad power to dictate what can be discussed. Like, for instance, discussing wages, hours, or even forming a union.   

A private employer has every right to limit, or even ban, any political expression in the workplace and discipline employees for legitimate business reasons tied to this expression.

However, most employers will probably want to find a balance in most cases. They'll say that it's permissible for employees to express themselves if they do it respectfully.

So, remind your employees to:

• Stay out of any unwanted discussion about politics and excuse yourself if necessary
• Be aware of the amount of time (and energy) they spend discussing politics
• Keep strong or controversial opinions to themselves
• Redirect difficult conversations to keep them from getting out of hand

To reinforce the importance of correct conduct while on the job, it would be worthwhile to hang anti-harassment posters where employees are sure to see them. These kinds of signs remind workers exactly what harassing and bullying behavior looks like, whether written, verbal, visual, or physical. They also emphasize the role everyone plays in creating a truly inclusive environment for everyone.

2) Can you ban political campaigning at work?

While you probably want to avoid being overly restrictive, it's well within your right as an employer to prohibit some politically oriented activities, such as:

• Asking co-workers or others for contributions of time or money for a political campaign during work time
• Using your company’s name or affiliation in connection with any political or campaign activity
• Distributing materials about political campaigns
• Using work time or company resources for political or campaign activity
• Wearing clothing or accessories with political statements, such as buttons and t-shirts
• Displaying politically oriented items in the workspace

3) Can an employer encourage their staff to get involved and vote?

Voting is a right for most U.S. citizens (and should be a right for every citizen), so it wouldn't be out of line to encourage employees to participate. What you need to avoid at all costs is steering your workers in which way to vote. Participating in the election process is one thing, but pressuring employees to vote for a particular candidate or issue on the ballot is another. What you CAN do is to give your employees nonpartisan information about the election, such as a voter's guide.  It's permissible as long as you list at least two candidates and don't try to influence them one way or another.

4) Do you, as an employer, have to give employees time off to go to the polls to vote?

Under federal law, no. But many states have laws that do require it. This is especially relevant if your employees cannot visit the polls before or after their regular working hours. Things such as the amount of time allowed to go vote, whether the time is paid, and if advance notice is needed is determined by state law. Make sure you review all the applicable laws in advance of the voting day so you'll know the answers if asked.

5) What can you do about politics and political "discussions" in the workplace?

Without a doubt, the essential step is to create a formal written policy that clarifies what activity is appropriate and allowed and what isn't. Having a CLEAR policy can help mitigate conflict and potential employee lawsuits.

Ensure your policy is clear and specific about general workplace activities. For instance, something like "Company email should not be used to engage in political activities." Also, give specific examples of prohibited activities such as "You may not make political statements to customers during work hours." Include phrasing that supports your company's zero-tolerance stance against coercion, harassment, and retaliation. And make sure every employee signs and dates the document.

Finally, be prepared to address any disruptions that cross the line into harassment. Follow the same disciplinary process you would with any other inappropriate behavior. Using your formal process provides a chance to coach and counsel an employee towards better behavior. Still, it offers your organization some level of legal protection that could come in handy later. When in doubt about how to handle a situation, always refer to your company’s anti-harassment policy.