Top 6 Ways to Manage the Minefield of Political Talk in Your Small Business – Part I

Political discussions can quickly seep into the workplace in today’s polarized environment. While everyone has a right to their opinions, political talk at work can become a source of tension, division, and even conflict among employees eventually eroding productivity. In a survey by Randstad, 64% of workers said they feel comfortable sharing their political thoughts at work. As a small business owner, managing these conversations while maintaining a positive, productive atmosphere is crucial. We’ll discuss how you balance free speech with creating a harmonious work environment? We’ll discuss in this two-part blog post.

Tip #1: Understand the Legal Landscape

Luckily, in a survey conducted by Monster, the majority (60%) of employees believe political talk at work “should be avoided entirely.” But it is inevitable that political speech will arise in the workplace. First, know that political speech in private workplaces isn't protected by the First Amendment and does not limit private employers from regulating employee communications. However, some U.S. states have laws protecting employees' political activities or affiliations which prohibits employers from taking adverse action against employees for engaging in protected speech. There may also be local regulations, so familiarize yourself with those regulations before setting policies.

National Labor Relations Act (NLRA) Provisions

Political discussions between employees that steer into topics about wages, hours, and other terms or conditions of employment are protected by the NLRA. For example, if there are discussions about a political candidate’s viewpoints regarding unions or minimum wage, you would be barred from retaliating against or disciplining employees for having these discussions. In addition, restricting political discussions during non-work time (such as breaks) or non-work areas (such as a restroom, break room or parking lot) may also violate NLRA.

Many political discussions nowadays can happen via social media more than in-person due to the increase in remote work. More than half of U.S. states have social media privacy laws that prohibit employers from accessing employee non-public social media posts. You can review those laws here. Taking adverse action against an employee who posts for the purpose of seeking “mutual aid or protection” may be unlawful. It’s best to steer clear of employees’ social media accounts and from taking any adverse action based on what is posted on social media.

Equal Employment Opportunity (EEO) Laws

Political discussions can also violate EEO laws if an employment action is taken in response to political speech by someone who is from a protected characteristic (age 40 or above, woman, person of color, people with disabilities, veterans, LGBTQ+ employees, or pregnant employees) versus political speech by someone who doesn’t belong to a protected characteristic.  According to Gallup, nearly a third of U.S. adults (31%) say they have been treated poorly or harassed in the past year because of their political views. Specifically, Republicans (36%) reported frequently or occasionally being treated poorly more than Independents (30%) and Democrats (27%) in the past year because of their political views. If someone is harassed based on their political beliefs, then this behavior can violate anti-discrimination laws.

According to Gallup, nearly a third of U.S. adults (31%) say they have been treated poorly or harassed in the past year because of their political views.

Tip #2: Recognize the Impact of Political Discussions

Political conversations can easily become emotionally charged. It’s important to understand that political talk can quickly evolve from casual conversation to problematic behavior, directly impacting your team’s morale and overall performance. These discussions may lead to:

• Decreased productivity: Employees may become distracted from their work, leading to a drop in efficiency reducing productivity. In a Randstad survey, 20% of workers said they experienced a dip in productivity due to political discussions.

• Workplace tension: Political disagreements can create interpersonal conflicts, leading to resentment or friction between team members reducing collaboration and teamwork. In a Gallup survey, 12% of employees said they felt uncomfortable because of political discussions among coworkers.      

• Harassment or discrimination claims: If political talk crosses into inappropriate or offensive language, it can expose your business to harassment or discrimination claims.

In Part II of this blog post series, we’ll discuss additional ways to manage political discussions in your workplace.  

Disclaimer: The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information.