With election day nearing, it’s inevitable that political conversation may slip into workplace conversation. As an employer, nothing is trickier than figuring out how to navigate employee political activity, especially when it becomes an off-hours protest, heated workplace debate, or viral social media post. With laws changing on what types of activity is legally protected at work, you may have questions about how to respond to that T-shirt, post, or “like.” We put together a clear-eyed guide around what speech is protected in the workplace – and what isn’t. Here’s what your business needs to know about navigating employee speech this election season, both on and off the job.
Can Employees Post Whatever They Want Off the Clock?
An employee posts a politically charged rant on their personal social media account over the weekend. It’s not about work, but it causes public backlash.
Private-sector employers are not bound by the First Amendment’s free speech protections. Those rights only apply to government action. That said, employers don’t necessarily have free rein to discipline off-duty speech. Several states – including California, New York, and Colorado – have statutes protecting employees from retaliation for lawful off-duty conduct. Others, including Minnesota, Connecticut, Louisiana, South Carolina, and Wyoming, go further and explicitly protect off-duty political...
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