9.13.24
Navigating Election Season As An Employer

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Tips for keeping political talk from affecting morale and productivity.
As Election Day 2024 nears, politics is a frequent topic of discussion. Often, it’s polarizing. In the workplace, talk about issues and candidates can affect morale and productivity negatively. The following information on political talk in the workplace will help employers navigate election season.
Understand free speech rights
The First Amendment right to free speech only applies to government actions. The government isn’t allowed to censor or punish people for speech.
“Unlike the government, under federal law, a private employer has broad latitude to limit political speech in the workplace. Under the National Labor Relations Act, employers can’t restrict speech directed to other employees relating to employment conditions, collective bargaining efforts or other labor or work issues. But otherwise, employers usually can control discourse, including political speech, in the workplace,” says Elizbeth Whitman on JD Supra.
Employers can fire employees for speech outside of work that discloses confidential information, or is disruptive, offensive or harms a company’s reputation.
Public social media posts that a company finds objectionable, unless in the context of protected activity, is also ground for termination.
Protected activities include things like whistleblowing, comparing salaries or working conditions or expressing concerns for about safety or harassment. Employees cannot be fired for speaking or posting in the context of these protected activities. Also, an employer cannot prohibit workers from talking about or soliciting for a union during non-work times.
Have a policy and make it known
Some companies prohibit all political conversations, but this can make employees feel silenced, according to SHRM. A better approach is to provide guidelines for political discussions at work.
Kara Govro, Principal Legal Analyst at the HR compliance firm HR, says an employer speech policy should acknowledge there is a range of views and beliefs among team members, remind employees that everyone should feel welcome and respected at work and encourage employees to approach conversations with curiosity and accept that they may not find common ground.
Also consider how far-reaching your policy is. “Employers in the private sector may generally place and enforce reasonable restrictions on political discussions during work time, provided the policy doesn’t apply to political discussions that are work-related,” says ADP, a payroll software company.
Make sure all employees are aware of your policy. Many companies cover speech policies as part of their onboarding process.
One thing it’s always safe to talk about at work
It’s always safe to talk about paths to financial fitness! Regardless of one’s political position, learning about budgeting, credit scores and homeownership—all aspects of personal finances—can help employees improve their lives. At Consumers, we make it easy for your employees to access the resources that can help empower them financially through The Consumers @Work program. To learn more, talk to one of our Consumers @Work representatives.
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Do you have business banking questions? Contact our knowledgeable commercial loan officers.