Whether the topic is politics, sex, race, religion, or sports team fandom, the policy on promoting such issues at work must be clear and the enforcement as absolute. (Credit: Adobe Stock)
With national election news beginning to heat up, some employers are concerned about division and friction among staff.
Even if the most radical political factions are in the minority, that still means the possibility of deep conflicts in the office — and not just at big corporations.
"For business owners ... it's almost always personal," says Domenique Moran, a partner at the law firm Farrell Fritz.
"There are peaks and valleys in the activity in most workplaces that mirror the peaks and valleys we're seeing more broadly in the U.S.," she says. "I have started to prepare employers for what is likely to be a rocky summer with fairly high peaks during political conventions. For employers, it used to be that what was happening outside stayed outside, and that line has blurred significantly."
Politics can enter the workplace in many ways, not just arguments at the water cooler. During the summer of 2020, when George Floyd's death kicked up social activism, employees would wear slogans on masks, aprons, and clothes at work. "The employer has to figure out how to manage a consistent policy that allows them to be productive in our work and not disruptive to whatever the business is," Moran says.
To see it as just about cooling political conflict means management hasn't thought deeply enough. For instance, proselytizing is common.
"You will get employees who prepare a signature block in their email, 'Have a Blessed Day,'" she says. "Where do we draw the line? Do we have a policy? The challenge is oftentimes any policy is unwritten or is not as carefully enforced until there's a problem. We tell employers is that you need a written policy in advance, and you have to be dogmatic in enforcement."
Whether the topic is politics, sex, race, religion, or sports team fandom, the policy must be clear and the enforcement as absolute.
But there's more complexity.
"The additional hurdle that employers are facing is a very expanded view of collected rights under the National Labor Relations Act," Moran says. "We've seen the National Labor Relations Board take an increasingly broad view of collective action affecting the workplace."
Employers without an employee union often think they have nothing to worry about. But they do.
"The board has taken a much broader view of what rights are protected. If employee activity is for a political purpose but that purpose is entwined with employment and rights of employment, then anyone taking action against that activity could be in violation of the National Labor Relations Act," Moran explains.
Given the number of employee concerns tied into conversations about politics, there is a lot of room for problems. But also, political affiliation is not a nationally protected class, although it is in some states. A policy can prohibit fighting or aggressive behavior by employees.
Given these complexities, before making any decisions, discuss strategies and tactics with a labor and employment law attorney.
The article first published on GlobeSt.com.
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