HRLegalNews.com » Politics at work: 5 legal pitfalls for managers

Politics at work: 5 legal pitfalls for managers

September 2, 2008 by Sam Narisi
Posted in: Best Practices, Special Report, State Law

Election season’s in full swing, and you know what that means: a lot of heated political conflict in the workplace. How confident are you that your managers will cool things down the right way — without breaking the law?

Of course, political discussions don’t always turn bad. But it’s a slippery slope, and too often, debates cause rifts between co-workers that make it harder to work together. Companies need to plan ahead so managers can jump in before a fight starts and productivity suffers.

How far can managers go to prevent conflict? Pretty far — private employers have a lot of leeway when it comes to limiting speech and expression that gets in the way of running a business.

That means you can ban political talk, candidate signs, campaign buttons, etc., and prevent employees from pushing their views on co-workers or customers.

Still, there are legal pitfalls bosses can run into. Some things supervisors need to know:

  • Employees must be given time to go to the polls, and companies can’t interfere with someone’s right to vote freely.
  • Some states, such as California, New York, Mississippi and Missouri, have laws that keep employers from disciplining people for off-duty political activities. For example, one woman sued her employer after she was fired for putting a political bumper sticker on her car.
  • Other states, like Arizona, Pennsylvania and Tennessee, prohibit companies from trying to influence employees to vote a certain way.
  • Managers need to be especially careful of political talks that can lead to conflicts about race, sex, national origin, religion or other protected classes — those can easily turn into claims about a hostile work environment.
  • Policies restricting political speech should be enforced consistently, regardless of political viewpoint. Even when there’s no legal threat, that’s the smart thing for managers to do.

Keys to cooling conflict

What about just keeping morale and productivity high when employees disagree on hot topics? Here’s some advice for supervisors:

  • Don’t overreact. Co-workers can find ways to fight when they talk about almost anything. Managers shouldn’t start punishing people just because politics are brought up.
  • Focus on work. It’s almost impossible to restrict what people can and can’t talk about, and employers don’t necessarily want to. If employees can have civil discussions, that’s fine. Bosses probably don’t want to jump in unless things turn ugly and people’s work suffers.
  • Respond to complaints. Once an employee comes to his or her manager with a problem, then it’s time to take action.

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2 Responses to “Politics at work: 5 legal pitfalls for managers”

  1. HR in Ohio Says:

    This is a very challenging topic for employers in Ohio right now. Issue 4, if passed, will require companies with 25 or more employees to provide a minimum of seven paid sick days per year to full-time employees and pro-rated benefits to part-time employees. I do my best to remain neutral when “educating” employees on this, so they can be informed voters. So, I hope you don’t mind if I vent my true feelings in this forum.

    I’m all in favor of paid sick leave benefits; who doesn’t want paid sick days? But I’m against having the general population of voters telling me how to allocate my compensation budget dollars - especially when these regulations are so poorly written (but that’s another story). Businesses should be free to make these decisions by negotiate with directly with employees and/or unions, if the employees are unionized.

    The timing for this mandate is also horrible. Where are businesses that don’t provide sick leave benefits going to get the funds to pay for this in today’s poor economic conditions? We currently offer 5 paid sick days per year, so we’re considering reducing other paid time off benefits (vacation and paid holidays) or giving zero pay increases next year to cover this increased expense. I hope the workers in Ohio are prepared to give up something else in order to get these sick days!

    If you’re not in Ohio, you’ll still want to watch this. If the sponsor of this bill (SEIU) is successful, expect them to come to your state next or, worse yet, try to push this through at the federal level.

  2. SSC Says:

    What can be done about employers who say they will fire anyone who voted for Obama?

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