The recent national attention following the fatal shooting of political commentator Charlie Kirk has intensified public debate about political expression, raising questions about what actions employers can take to mitigate reputational harm to their business based on the personal views shared by their employees in both workplace and non-workplace settings.

The line that stands between one's personal politics and professional responsibilities has never been thinner. Employers may wish to remind their employees about the potential repercussions of making public political statements or sharing strong opinions online or in the workplace, particularly on social media. They should do so cautiously and carefully weigh workplace policies as well as organizational reputation against evolving legal protections.

Protected Concerted Activity

While maintaining a respectful workplace is a legitimate goal, employers must balance that interest against employees’ rights. For private-sector employers, Section 7 of the National Labor Relations Act (NLRA) protects employees’ right to engage in “protected concerted activity,” meaning actions employees take together—or on behalf of their coworkers—to improve wages, hours, or other terms and conditions of employment.

This protection covers employees' discussions about these topics, whether they occur in person or online. Tweets, posts, and workplace conversations tied to these topics often qualify for protection, even if they are critical of...

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