How to Avoid Conflict and Political Harassment at Work: Your 5 Biggest Questions Answered

With the 2020 presidential election right around the corner, political discussions (and in many cases, debates) are picking up steam. But regardless of your political leanings, there’s one thing we can all agree on: Political harassment at work is unacceptable, and it must be prevented to avoid conflict and possible legal repercussions.

So how do you minimize disruptive dialogue, maintain productivity and stay within your legal boundaries? Here are answers to the 5 biggest questions employers have during a heightened political season:

1) Does the First Amendment allow freedom of speech in the workplace?

While we are entitled to freedom of speech under the First Amendment, that protection is limited in the workplace. This is particularly true if you’re a private employer (vs. public), where you can take measures to regulate problematic speech. You can limit or even ban political expression in the workplace, as well as discipline employees for legitimate, business-related reasons tied to this expression. Most employers, however, will want to strike a balance and permit employees to express themselves, as long as it’s done respectfully. It’s wise to remind your staff to:

• Excuse themselves from any unwanted political discussions
• Be sensitive to the time and energy they’re spending discussing politics on the job
• Leave strong opinions to themselves
• Redirect difficult conversations to keep them from getting out of hand

To further reinforce the importance of proper conduct at work, consider displaying anti-harassment workplace posters. They can create awareness about the different behaviors that are considered harassment (written, verbal, visual and physical) and emphasize the role every employee plays in upholding a respectful and inclusive work environment.

2) Can an employer prohibit political campaigning at work?

While you need to be careful to take a balanced (and not overly restrictive) approach here, it’s appropriate to prohibit a number of politically oriented activities in the workplace, including:

• Solicitations or contributions for a political campaign during working hours
• Using your company’s name or affiliation in connection with any political or campaign activity
• Distributing materials about political campaigns
• Using work time or company resources for political or campaign activity
• Wearing clothing or accessories with political statements, such as buttons and t-shirts
• Displaying politically oriented items in the workspace

3) Can an employer encourage their staff to get involved and vote?

Because voting is a right of every U.S. citizen, it’s not out of line to encourage your employees to exercise this right. What’s critical is that you never steer employees toward voting one way or another. Encouraging participation in the election process is one thing, influencing employees to vote for a certain candidate is quite another. You may even choose to provide unbiased and nonpartisan information about the upcoming election, such as a voter’s guide. This is OK as long as you list at least two candidates, and that you don’t force employees to support a particular party or candidate.

4) Does an employer have to give employees time off to vote?

Although federal law doesn’t require you to provide time off from work to vote, many state laws do. This is particularly relevant if employees are unable to visit the polls before or after regular work hours. The state specifics will vary, including the amount of time that is allowed, whether the time is paid and if advance notice is necessary. Be sure to review any applicable laws well in advance of voting day so you know how to respond to any requests.

5) What are the steps employers can take regarding politics and political discussion in the workplace?

The most important step you can take is to create a formal written policy. A clear policy will clarify appropriate political expression and activity, while helping to prevent conflicts and even employee lawsuits. Be sure your policy outlines specific workplace rules (e.g., “company email may not be used to engage in political activities”) and prohibited employee activities (e.g., “you may not make political statements to customers during work hours”). Include phrasing that supports your company’s zero-tolerance stance against coercion, harassment and retaliation. And make sure every employee signs and dates the document.

You should also make an effort to lead by example regarding proper conduct. Managers and supervisors should strive to establish a positive environment by discussing political matters diplomatically. Share your thoughts, but present both sides of the situation so it’s clear you’re aware of different perspectives. Your employees will see that you have your own opinions, but that you allow for other points of view, as well.

Finally, be prepared to address any disruptions that cross the line into harassment. Follow the same disciplinary process you would with any other inappropriate behavior, such as verbal counseling and written warnings. When in doubt about how to handle a situation, always refer to your company’s anti-harassment policy.

For more information on how to control political harassment at work and the potential legal issues, check out the free, on demand webinar. It covers additions steps you can take to limit on-the-clock political conversations, prevent the threat of ‘hostile environment’ harassment and uphold ‘time off to vote’ laws.

Get the Word Out Regarding Employees’ Right to Vote

Want to inform your staff that you fully support their right to vote? Check out any one of these “Exercise Your Right to Vote” Posters to communicate your position and empower them to take action. Choose from six different messages, depending on which resonates strongest with your company culture and/or formal policy.