No matter who you voted for, politics is a hot topic in the workplace. We know that the political dialogue is still in full force at the water cooler, the break room and throughout the office. Now, employers must ensure the workplace not only remains safe as required by the California Labor Code, but that you do not violate your employee’s rights and have proper policies in place as we head into the New Year.
Notably, something that seems to be unknown to employers is what type of political speech can I allow, or prohibit in my workplace? As an employer, what can I do, or not do, to maintain professionalism in my company and avoid conflict due to the political stance of one employee vs. another.
Private employers can create policies that govern their company as long as they are lawful; i.e., creating guidelines for what is, or is not, permissible in the workplace. And yes, while your employees have the right to free speech – they do not in your private workplace. As a private business owner, you have the right to restrict such speech at your company, of course, with certain guidelines.
But remember, California law protects employees’ rights to political expression, especially when off duty. Employees do have the right to political expression in personal communications and employers are not allowed to interfere with employees who are lawfully conducting or promoting their views outside of work. Did your colleague or co-worker canvas neighborhoods to get out and vote? You cannot punish them for doing such activities on their own time. Even if they took vacation to do it.
There is also a difference between hate speech and free speech protected by the First Amendment, whether you allow or disallow such political discourse in your workplace. If a complaint is made from an employee, do take it seriously, like any other complaint.
So is politics a hot topic or are you seeing a political divide at the office that is impacting morale or productivity then you can do something about it—while your employees are at work. Contact the Employer Lawyers to create a policy that will work for you work environment.
This material in this article, provided by Chauvel & Glatt, is designed to provide informative and current information as of the date of the post. It should not be considered, nor is it intended to constitute legal advice. For information on your particular circumstances, please contact Chauvel & Glatt at 650-573-9500 for legal assistance near you. (photo credit: depositphotos.com).
