"But if I just say this one thing about the candidate I like I know my colleague will swing the other way"
NO
"I am not going to verbally say anything, but I am going to bring in my yard signs and put them in my cubicle"
NO
"C'mon this is a funny political meme; everyone will laugh if I show them."
NO
"Hey, did anyone see the debate last night?"
NO
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I hate saying NO, I really do. But in this case here are a few reasons why discussing politics at work is a horribly bad idea for both the employer and the employee...
Heated environment. What you might perceive as a small disagreement can easily erupt into a heated argument. Politics are so personal to people and the passion can escalate very quickly.
Company brand. How you as the employer handle politics at work can affect your entire company brand. If you are in a position of leadership, keep in mind your values and social justice stances you make have a huge reputation on your brand. That can be good or bad depending on your audience.
Labor and employment laws. It is highly possible if you are talking politics you are violating a lot of labor and employment laws such as anti-discrimination laws, the National Labor Relations Act (NLRA), EEO, state mandated employer-sponsored meeting bans and possibly voting leave laws.
Can my employer restrict me from talking politics at work?
Believe it or not, the First Amendment only applies to government action, and thus employers are allowed to restrict discussion of politics at work. In other words, there is no federal protected right of political free speech at private employers’ workplaces.
There is a federal law governed by the NLRA called ''protected concerted activity' that allows for employees to talk about a whole lotta things at work and not get in trouble. Political discussions at work can trigger those rights as well as some laws under the equal opportunity (EEO) act. It's complicated and detailed and messy and if anyone has a question on those rights specifically you can reach out to me for clarification.
Can my employer talk about politics?
Guess what? Employers themselves are not restricted from engaging in political activity in the workplace. For example, employers are free to communicate their stance about a company's support or opposition to legislation or regulations. They can talk about the impact on the company if certain legislation is passed and so on.
But, as the employer, you cannot interfere with anyone's ability to vote or coerce or intimidate or bribe them into voting a particular way.
SUMMARY
Employer - My recommendation to employers is to craft a universal policy that limits certain political activities and political speech at work. This includes your social media policy. Train your employees on the policy, especially during active political years, so that everyone is aware and clear about the policy. And also ensure your policy is not violating any laws under the NLRA or EEO laws and regulations.
Employee - My recommendation to employees, like other conversations where you take a pause in your head and say "hum, I wonder if I should talk about this/bring this up/make this comment/show this video?"...the answer this time and most of the time on the topic of politics is always NO.
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