BUFFALO, N.Y. -- It may sound like a cliche but co-workers do still gather around the water cooler or in the office break room to chat.
Phillips Lytle LLP Partner Jim O'Connor, who focuses on litigation and employment law, said it's best to keep discussions light with topics like what people do with their free time.
"The Buffalo Bills is always a good topic of discussion, particularly here in Buffalo," he said.
However, O'Connor acknowledged with the presidential election approaching on Nov. 5, conversations about politics may be inevitable.
"Politics is a current event these days and will continue to be so in the lead-up to the November election and in my practice we certainly expect to see more and more of these issues arise with clients," he said.
The attorney said he is advising employers to get proactive about protecting themselves and their employees from the negative outcomes of those topics that have the potential for heated discussions. Those outcomes could include litigation, discipline for employees and even termination.
"Anytime you're discussing politics, you could touch on a person's race, religion, national origin, any other protected characteristic and we want to be mindful of violating any anti-discrimination or anti-harassment laws," O'Connor said.
Employers in New York do have the right to set reasonable limits on political conversations and displays in the workplace. However, O'Connor advised against blanket prohibitions.
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