Compliance Strategies to Mitigate Risk Around Political Speech in the Workplace

Compliance Strategies to Mitigate Risk Around Political Speech in the Workplace

During election season, workplaces may face heightened risks from politically charged conversations. A Risk Management Magazine article by Kacey R. Riccomini, a labor and employment partner at Thompson Coburn LLP, highlights how employers must balance employees’ rights to discuss political matters with legal obligations to prevent discrimination and harassment. 

According to Riccomini, political speech in the workplace can lead to liability risks if it is inappropriate or violates laws such as Title VII or California’s FEHA. To navigate these issues, employers should implement and enforce clear policies against harassment and discrimination without stifling protected activity or pressuring employees’ political choices.

Under the NLRA, some political speech, particularly on workplace-related topics like wages or conditions, is protected as “concerted activity.” However, individual complaints or defamatory statements fall outside these protections. Certain states, like California, extend further protections, preventing employers from limiting employees’ political affiliations or retaliating against their choices. Moreover, employees may take time off to vote, and protections vary state by state.

Riccomini adds that employers must also monitor politically motivated remarks that may infringe on anti-discrimination statutes. Political expressions that insult or stereotype based on race, ethnicity, sexual orientation, or other protected categories can constitute workplace discrimination, even if claimed as political speech.

Online, employers should refrain from requesting employee social media access but may investigate it if misconduct or legal violations are suspected. Carefully handling such investigations is crucial to avoid claims of discrimination or privacy violations. 

Riccomini suggests consulting with labor and employment counsel to ensure policies remain compliant while appropriately managing politically charged incidents to mitigate risk. Proper preparation will position employers to maintain a respectful, legally compliant workplace through the election season.