Employers seek to create positive, collaborative, and respectful work environments where their employees can openly discuss various topics. However, with the 2022 mid-term elections coming up, companies should decide how they want to manage political discussions at the workplace in order to maintain a positive workplace. Companies should be respectful of the political opinions of their employees, but they also generally have some discretion over how they manage the discussion of politics. Companies have several options:
- Prohibiting the Discussion of Politics
Some companies may choose to outright prohibit the discussion of politics and the election at the workplace. Although a complete ban on political discussions may be impractical and may lead to employee resentment, political conversations can easily become heated and people might take it personally if their co-workers do not agree with their views or opinions. Especially in light of the current political environment where the country has become increasingly divided and intolerant of views that are different from their own such political disagreements may impact the ability of employees to collaborate, which can negatively impact the operations of the business.
Companies that choose this route may want to establish a clear no-politics policy for the workplace and distribute it to employees. If a company chooses to establish such a policy, it should be clear and concise, and employers should implement it fairly and consistently, to avoid potential claims of discrimination.
If companies decide to prohibit discussions of politics, they should be mindful that there are both state and federal laws that protect an employees’ right to discuss labor-related issues. The National Labor Relations Board protects discussions that involve labor-related issues such as salary, wages, or leave laws such as the federal Family Medical Leave Act. Thus, even if a labor-related discussion is in the context of politics or elections, it has the potential to be considered protected speech. Accordingly, employers would not be able to prohibit discussions that fall under that category or discipline the employee for having those discussions in violation of the company’s “no politics” policy.
- Limiting Politics at Work
Some companies may choose to require that employees limit political discussions or activities at the workplace. For example, employers can state that discussions of politics cannot be conducted during official work meetings to avoid disruption. Companies may consider implementing policies that allow political discussions but prohibit campaigning at the workplace for candidates or policies. Companies may also want to limit employees’ ability to use company e-mail for campaigning activities.
- Allowing the Discussion of Politics
Other companies may not set any limitations to the discussion of politics at work, on the theory that respectful and thoughtful political discussions can promote diversity and enliven a workplace. Companies that choose to allow politics at the workplace can and should take steps to mitigate potential hostility and may choose to refrain from allowing such conversations on company systems.
Whichever option an employer chooses, three best practices will set the tone for a positive workplace.
- Provide Discrimination and Harassment Training
Employers may consider providing general discrimination and harassment training in the weeks leading up to and following the elections. Such training should remind employees that strong opinions could rise to the level of harassment and/or discrimination. Furthermore, some states have added political activities and political affiliation as protected categories under anti-discrimination laws. In those states, if employees feel that they are being discriminated against as a result of their political activities or affiliations, then they may have a potential claim for discrimination against the company. For example, if a manager learns that her employee maintains a political stance that is the polar opposite as hers and is affiliated with a political organization that goes against her beliefs, and therefore decides to pass him up for a promotion, that employee may have a claim for discrimination depending on the state they are in.
- Provide Training on Communication
Companies may also want to consider providing general training on communication skills that would allow employees to learn how to listen respectfully and have productive discussions at the workplace. This is helpful not only in discussing politics at the workplace but can also teach employees how to handle disagreements at the workplace.
- Be Good Role Models
Managers should be role models for how to discuss politics at work. If a manager is seen engaging in empathetic and respectful discussions, employees may follow suit and to speak respectfully to their peers. Employees may also feel more comfortable and safe sharing their political views. Furthermore, if the discussion becomes heated, then managers should disengage and show employees how to leave a heated discussion calmly.
Discussions of politics in the workplace don’t have to be landmines. By choosing and clearly communicating one of these options, employers can avoid misunderstandings and disruptions to the business.