During this time when we are seeing protests related to Black Lives Matter and COVID-19, and as political campaigns start to heat up, it can be expected that employers will start to hear more discussion of a political nature in the workplace. Employees may argue for a particular political viewpoint or even try to campaign in the workplace. It behooves an employer to have an understanding of how the law treats political speech in the workplace. The following are some points regarding how the law treats political speech in the workplace:
Freedom of Speech: The right to free speech is foundational in the United States. But does this right extend to the private workplace? The answer is a resounding no. Aside from some narrowly tailored exceptions (such as whistleblowing and the right to discuss conditions of employment granted under the National Labor Relations Act), an employee of a private employer does not have the right to say whatever the employee wants to say. This means that a private employer has the right to limit or even prohibit political speech in the workplace. This includes all types of speech from conversations to emails, from political buttons and shirts to posters.
Have a Policy: Because an employer can limit or prohibit political speech in the workplace, it follows that an employer can discipline an employee if the employee engages in such speech. It is, of course, a good idea to have a policy clearly setting forth the employers rules regarding political speech and then discipline according to the policy. Be sure to enforce the policy even-handedly.
Non-Solicitation Policies: An employers non-solicitation policy is also a means by which an employer can limit or prohibit campaigning in the workplace.
Employers Pushing Their Views on Employees: Employers should be careful about trying to persuade employees to their way of thinking on political issues. Most states have laws that restrict this. For example, in Oregon, the Worker Freedom Act prohibits employers from forcing employees to attend political meetings and distribute political communications. In Washington, employers cannot interfere with an employees efforts to support or oppose an initiative; discriminate against employees because of their support or opposition of a candidate, party or other political activity; or use payroll contributions or salary increases for the purpose of funding political activities or candidates.
Following these precepts should help employers stay out of trouble when it comes to political speech in the workplace.
Read the original here:
How Employers Should Handle Political Speech In The Workplace - JD Supra
- Turkey's crackdown on freedom of speech intensifies [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Bill of Rights Transcript Text - National Archives and ... [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Freedom of Speech (Stanford Encyclopedia of Philosophy) [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- 3 Muslims shot dead by Atheist || #muslimlivesmatter - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Media Studies 104A - 2015-02-10 - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- USA Freedom of Speech and Jesus Christ - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- France Arrests French Comedian Dieudonne 3 Days After Charlie Hebdo Freedom of Speech - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Charlie Hebdo's "Freedom of Speech" - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- John Robertson on Greg Shapiro's United States of Europe - S3Ep01 - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- The Illuminati: The Freedom of Speech 2015 Conspiracy - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Muslims oppose insult to Islam in the name of freedom of speech - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- RE: HannibalTheVictor13's resentment over thunderf00t and his "freedom of speech". - Video [Last Updated On: February 12th, 2015] [Originally Added On: February 12th, 2015]
- Policy update restricts demonstrations [Last Updated On: February 14th, 2015] [Originally Added On: February 14th, 2015]
- Italian senators pass bill criminalizing denial of genocides [Last Updated On: February 14th, 2015] [Originally Added On: February 14th, 2015]
- Michael Buerk Interview - Freedom of Speech & Paris Attacks - Video [Last Updated On: February 14th, 2015] [Originally Added On: February 14th, 2015]
- 'Freedom Of Speech' Topic Tuesday #12 - Video [Last Updated On: February 14th, 2015] [Originally Added On: February 14th, 2015]
- One dead after shots fired at Copenhagen freedom of speech meeting [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Shots Fired at Copenhagen Free Speech Event: Reports [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- One man dead and three policemen wounded at freedom of speech seminar in Denmark [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Copenhagen caf: two gunmen in terror attack at freedom of speech event [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- One dead in gun attack on Danish freedom of speech meeting [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Free Speech Debate Still Alive After Attack in Denmark [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Esau uses Freedom of Speech as a weapon! - Video [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Copenhagen attacks an 'affront to freedom of speech': Tony Abbott [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Copenhagen suspect known to police [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Copenhagen police kill suspect linked to two fatal attacks [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Freedom of Speech and Freedom of Press - Lincoln University [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Copenhagen Shooting: Deadly attack at free speech meeting with cartoonist who depicted Muh - Video [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Shots fired at Copenhagens Krudttoenden cafe free speech event a report - Video [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Media Studies 104A - 2015-02-12 - Video [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- WallBuilders Live 2015-02-11 Wednesday - Freedom of Speech on College Campuses - Video [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- Yisrael Beytenu at Charlie Hebdo freedom of speech protest - Video [Last Updated On: February 15th, 2015] [Originally Added On: February 15th, 2015]
- TOI debate on freedom of speech wows Kolkata - The Times ... [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Muslims Killing Atheists! - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- AP Top Stories February 14 P - Video [Last Updated On: February 16th, 2015] [Originally Added On: February 16th, 2015]
- Duck Dynasty's Phil Robertson to Receive Freedom of Speech Award [Last Updated On: February 17th, 2015] [Originally Added On: February 17th, 2015]
- Freedom of speech, but... SHOTS - Video [Last Updated On: February 17th, 2015] [Originally Added On: February 17th, 2015]
- Letters to the editor: We must do more to stop terrorists [Last Updated On: February 18th, 2015] [Originally Added On: February 18th, 2015]
- Freedom Of Speech Naam Ki Koi Chiz Hoti Hai - Alia Bhatt On AIB Controversy - Video [Last Updated On: February 18th, 2015] [Originally Added On: February 18th, 2015]
- DoomShow,Freedom of Speech under attack by Terrrorists - Video [Last Updated On: February 18th, 2015] [Originally Added On: February 18th, 2015]
- Greenpeace activist refutes govt charge of being anti-national [Last Updated On: February 19th, 2015] [Originally Added On: February 19th, 2015]
- Jailed Al Jazeera journalist concerned about freedom of speech [Last Updated On: February 19th, 2015] [Originally Added On: February 19th, 2015]
- Fan claims municipal police violating freedom of speech [Last Updated On: February 19th, 2015] [Originally Added On: February 19th, 2015]
- Jailed journalist concerned about freedom of speech [Last Updated On: February 19th, 2015] [Originally Added On: February 19th, 2015]
- Denmark: Police launch manhunt for Copenhagen cafe shooter - Video [Last Updated On: February 19th, 2015] [Originally Added On: February 19th, 2015]
- Freedom of speech denied outside of Skillet concert Pittsburgh - Video [Last Updated On: February 19th, 2015] [Originally Added On: February 19th, 2015]
- Alex Jones is Right! Snowden is Right! Government Crooks Via FaceBook! - Video [Last Updated On: February 21st, 2015] [Originally Added On: February 21st, 2015]
- "McCann Trolling" v "Freedom of Speech" - Video [Last Updated On: February 21st, 2015] [Originally Added On: February 21st, 2015]
- Aamir Khan disapproves AIB Roast, KJo reacts [Last Updated On: February 22nd, 2015] [Originally Added On: February 22nd, 2015]
- South Africa: Post the State of the Nation Address [Last Updated On: February 23rd, 2015] [Originally Added On: February 23rd, 2015]
- The Great Purge of Free Speech Has Begun............ - Video [Last Updated On: February 23rd, 2015] [Originally Added On: February 23rd, 2015]
- Big Brother Watch calls for reform of social media communications laws [Last Updated On: February 24th, 2015] [Originally Added On: February 24th, 2015]
- Comment on Have an opinion? Stuff it! by boh-liao [Last Updated On: February 24th, 2015] [Originally Added On: February 24th, 2015]
- Sports Hotline: What happened to freedom of speech - have Rangers fans lost their right to offend? [Last Updated On: February 24th, 2015] [Originally Added On: February 24th, 2015]
- Freedom of Speech: Canadians support Charlie Hebdos choice to publish images of Prophet Muhammad [Last Updated On: February 24th, 2015] [Originally Added On: February 24th, 2015]
- Should there be limitations on freedom of speech? - Video [Last Updated On: February 24th, 2015] [Originally Added On: February 24th, 2015]
- Topic Tuesday #39 - Freedom of Speech? (Minecraft Survival Games Gameplay) - Video [Last Updated On: February 24th, 2015] [Originally Added On: February 24th, 2015]
- DW Freedom of Speech Award for Raif Badawi [Last Updated On: February 25th, 2015] [Originally Added On: February 25th, 2015]
- THROWDOWN THURSDAY: The Four Causes of Anti-Israelism [Last Updated On: February 26th, 2015] [Originally Added On: February 26th, 2015]
- FCC Reinstates Net Neutrality, Protecting Open Internet [Last Updated On: February 27th, 2015] [Originally Added On: February 27th, 2015]
- CPDP 2015: Online privacy versus freedom of speech. Balancing rights in the EU context. - Video [Last Updated On: February 27th, 2015] [Originally Added On: February 27th, 2015]
- Net neutrality lobby victorious after FCC ruling [Last Updated On: February 27th, 2015] [Originally Added On: February 27th, 2015]
- Freedom of speech means tolerating opposing viewpoints [Last Updated On: March 2nd, 2015] [Originally Added On: March 2nd, 2015]
- The Death of Freedom of Speech on the Internet - Video [Last Updated On: March 2nd, 2015] [Originally Added On: March 2nd, 2015]
- Dangerman - Freedom Of Speech - Video [Last Updated On: March 2nd, 2015] [Originally Added On: March 2nd, 2015]
- Rebel Ratepayer Raps 4 Freedom of Speech in City of Melton, Melbourne - Video [Last Updated On: March 2nd, 2015] [Originally Added On: March 2nd, 2015]
- Students stand up for free speech at UI [Last Updated On: March 2nd, 2015] [Originally Added On: March 2nd, 2015]
- John Kerry asked to act on murder of Avijit Roy [Last Updated On: March 3rd, 2015] [Originally Added On: March 3rd, 2015]
- Not so Charlie now? [Last Updated On: March 4th, 2015] [Originally Added On: March 4th, 2015]
- ISIS Supporters Threaten "Charlie Hedbo style" Attack Against Twitter Employees [Last Updated On: March 4th, 2015] [Originally Added On: March 4th, 2015]
- AIB trying hard about freedom of speech - Video [Last Updated On: March 4th, 2015] [Originally Added On: March 4th, 2015]
- Freedom of Speech situation in Bangladesh BBC World Service discussion - Video [Last Updated On: March 4th, 2015] [Originally Added On: March 4th, 2015]
- Noam Chomsky on Freedom of Speech and Anti-Fascism [full] - Video [Last Updated On: March 4th, 2015] [Originally Added On: March 4th, 2015]
- AND..Y we should stand up for freedom of speech | AIB Roast | Delhi Elections | AAP - Video [Last Updated On: March 4th, 2015] [Originally Added On: March 4th, 2015]
- Vclav Havel Fellowship programme helps young journalists from post-Soviet bloc states [Last Updated On: March 5th, 2015] [Originally Added On: March 5th, 2015]
- Murderers condemned as message of peace is North Herts conferences priority [Last Updated On: March 5th, 2015] [Originally Added On: March 5th, 2015]
- four freedoms speech - FDR - Video [Last Updated On: March 5th, 2015] [Originally Added On: March 5th, 2015]
- Watch what the youth feels about the AIB Roast Controversy & so called "freedom of speech" - Video [Last Updated On: March 5th, 2015] [Originally Added On: March 5th, 2015]
- freedom of speech eminem remix - Video [Last Updated On: March 5th, 2015] [Originally Added On: March 5th, 2015]
- Freedom of speech has no limits- - Video [Last Updated On: March 5th, 2015] [Originally Added On: March 5th, 2015]