September 2019 Newsletter

Politics in the Workplace

“Don’t discuss politics or religion if you want to keep your friends.” How often have we all heard this? While this is probably a good strategy in the workplace, is it really achievable, or even possible?

With the 2020 Presidential election approaching, tensions will continue to rise to extreme levels. How will you as a workplace leader handle this? Opinions have become more polarized, making it almost impossible to have civil political discussions. What was once benign banter at the proverbial water cooler has become so charged, it can easily become a full-blown harassment and discrimination lawsuit. For employers navigating the political climate, these discussions can be a challenge. Knowing what to say and what not to say can be the difference between a spirited conversation and an HR disaster.

When it comes to legal rights, two questions consistently occur.

1. Am I allowed to restrict what my employees can say/do in relation to politics in the office, and,
2. What is my legal risk?

While it might be tempting to ban all discussion of politics from the moment someone sets foot in the office, placing reasonable restrictions is a much better option than a broad-spectrum ban. As an employer, you are within your rights to outline in the company policies and procedures any behavior that you deem inappropriate, such as using company resources for personal measures (e.g. printing flyers for a political rally at work), or taking up company time by campaigning while on the job. The employer can make this decision considering what will mitigate conflict most efficiently. Free speech laws only protect government employees, not private sector employees. This opens the door for private employers to weight their legal risks associated with their policies.

It is vitally important to explain in no uncertain terms what will happen if an employee violates company policy when it comes to harassment or discrimination. When an employee crosses the line into unacceptable behavior, having a zero-tolerance policy to look to as a safety net is worth having. This can make a potential harassment lawsuit go away by pointing out that there is no tolerance for that kind of behavior in this office. A document that outlines what is and is not allowed in your office can be a valuable resource for employees and employers in the coming months and years.

Frequently, people say things without thinking about their audience. It is important that leaders have the conversation about what to do—and don’t do—when when it comes to politics. Always be sure to take your political biases out of the equation when mediating a conflict. Personal beliefs can cloud judgment and unintentionally result in unfair or inconsistent treatment of employees which leads to more issues. This is another reason to have a written document that employees sign acknowledging that they understand the company policy. It’s equally important that treatment of any disciplinary situation is consistent across the board.

Discussions about politics are not always doomed to be hostile. Strong opinion can be expressed respectfully. As we hurtle into the upcoming election cycle, remember: we are all human and we all deserve respect. We also have the right to vote. We encourage you to do so.