Effective strategies for navigating workplace politics

In the current politically charged climate, workplaces are prone to political discourse, some of which may lead to complaints. These complaints are particularly concerning when the underlying discussions touch on protected characteristics such as race, gender, or national origin. Employers must navigate these challenges carefully to maintain a respectful and inclusive workplace while ensuring compliance with legal standards.

Concerns about discrimination complaints in political workplace debates

Political discussions can potentially lead to discrimination complaints if they touch on protected characteristics. Employers need to be vigilant about political speech that reinforces stereotypes or targets protected groups. For instance, false accusations against people of certain national origins related to animal cruelty could easily create a hostile work environment. 

Actions employers should take

Employers should establish clear policies on workplace harassment and civility, train employees and managers, and enforce policies consistently and in a non-discriminatory manner. Promoting a culture of respect and inclusiveness is crucial while being prepared to address disruptions promptly.

Caution around monitoring employees' online activity

Employees' personal social media activity can lead to harassment claims, but employers do not have unfettered access to employees' social media accounts.  For instance, Labor Code section 980 prohibits employers from requiring or requesting employees to disclose usernames or passwords for their personal social media accounts. This restriction extends to accessing personal social media in the presence of the employer or divulging any personal social media content.  Also, overly restrictive policies could make employees feel censored and disengaged, potentially impacting morale and productivity.

What employers can and cannot prohibit

Employers can restrict political speech during work hours and using employer-owned equipment but cannot ban discussions related to working conditions protected by the National Labor Relations Act and/or California labor relations statutes. It is important to balance business needs with employees' rights to engage in protected concerted activity.

Protected and unprotected political speech

The constitutional right to free speech generally only applies to public employers. However, a number of statutes provide protections for certain employee speech. California provides protections for employees' lawful off-duty conduct, including political activities. Employers generally cannot take adverse actions against employees based on their political activities conducted outside of work hours.  In most circumstances though, categories of unprotected speech include hate speech, harassment, and threats. Employers should be aware that the line between protected and unprotected speech can be nuanced and context dependent.

Responding to workplace conflict about the election

If employees are fighting over the election, employers should react according to what is happening. Workplace violence should never be tolerated, and the consequences should be significant. If the "fighting" consists of contentious debates, remind them of relevant policies, address disruptions impacting work performance, and enforce policies consistently. Consider separating employees if conflicts persist but be cautious about potential discrimination claims.

The big picture for employers leading up to election day

The big picture for employers is to maintain productivity and positive workplace relationships while complying with applicable laws on political expression. Focus on balancing employees' rights with business needs, promoting a respectful culture, and being prepared to address issues promptly and consistently.