If you’re listening to the media and social media, you’re bound to hear “this is the most important election of our lifetime.” Whether or not this is so does not take away the heightened feelings of many employees at this time. What are small businesses supposed to do about political expressions in the workplace? Each election season I’ve updated older blogs to reflect developments in this area. Here are some things to think about now.
Legal requirements
Employers must comply with the law. Individuals have a constitutional right to free speech. This right bars the government from restricting speech; it doesn’t limit private employers from imposing limitations on speech in the workplace. But even though there is no constitutional ban on employer restrictions to political speech, other laws place limits on what a company can do.
Some states have political activity and free speech protections for employees of private employers, making it unlawful to discipline or discharge a worker for the exercise of political rights. Employers that impede such actions may be discriminating against employees and subject to legal action. For example, Washington’s Employee Free Choice Act, which became effective on June 5, 2024, bars employers from mandating attendance at meetings or speeches regarding political matters and requires employers to post a notice about employees’ rights under this law.
Under National Labor Relations Board (NLRB) rules, employers cannot ban employees from discussing work conditions and unionizing, and it may be inevitable for politics to creep into such conversations. Is it possible to draw any lines? This may be difficult.
Business policies
To repeat, it’s challenging for companies to set policies on speech and behavior in the workplace. If you want to do so, then remember to be reasonable. Clearly, an owner can set an example of appropriate speech and behavior:
- Avoid discussions about political candidates
- Don’t display political paraphernalia (buttons, hats, and bumper stickers)
- Don’t respond to invitations to debate issues of the day
An owner is permitted to ban campaigning in the workplace. This includes, for example, prohibiting any display or distribution of political materials.
In setting business policies, I suggest that keeping a couple of famous quotations in mind can go a long way in helping to prevent animosity, harassment, uncomfortableness, and other unwanted feelings in the workplace during this contentious political season.
“The less said the better.” – Jane Austen.
“You should respect each other and refrain from disputes; you should not, like oil and water, repel each other, but should like milk and water, mingle together.” – Buddha
Voting rights
The laws in your state may require time off for voting in November, so prepare now to be compliant. One law firm has a list of states that require time off for voting; the District of Columbia also has such a law. The rules vary from state to state regarding the amount of time off that must be given. Typically, it’s 2 to 3 hours, but in some states it’s as much time as needed. In 21 states, including California, Colorado, Illinois, and New York, as well as in the District of Columbia, there is required paid time off. What about early voting? Remember: Election Day this year is Tuesday, November 5th.
Final thought
Voting is a privilege and a civic responsibility. With that said, not everyone exercises their right to vote. The U.S. Census Bureau said that turnout was 61.8% in 2012, 61.4% in 2016, and 66.8% in 2020 (the highest turnout since 1900). A Gallup Poll earlier this year found that only 54% of Americans say they are more enthusiastic about voting this year than in previous elections, while 41% are less enthusiastic. Who knows what the turnout will be this year? Just be sure that the polarizing political atmosphere doesn’t seep into your workplace.
