Great Lakes Wire

With the national and local elections approaching, workplace political discussions are becoming more prevalent. Employers are questioning their rights to manage these conversations when they become disruptive.

In privately owned companies, employers can regulate employee behavior and speech if it causes disruption. However, legal concerns arise when managing such situations. The First Amendment does not apply in private workplaces, but certain types of speech may still be protected.

Terry Bonnette, an attorney at Nemeth Bonnette and Brouwer PC, addressed these issues during ASE’s Employment Law Briefing. He emphasized that some political speech could be protected under specific circumstances. For instance, the National Labor Relations Act (NLRA) protects "protected concerted activity," which includes discussions about wages or employment conditions. Employers disciplining employees for such discussions might violate the NLRA.

Evan Citron from Jackson Lewis P.C. noted that federal anti-discrimination laws do not cover political speech but warned against discriminatory harassment involving protected classes like age or race.

Certain states have laws protecting off-duty conduct, including political activities. States like California and New York prohibit adverse actions against employees for lawful off-duty conduct.

Additionally, Michigan and federal law prohibit employers from using employment to influence election decisions.

Employers should establish clear policies on political expression that comply with labor laws and apply them consistently. Training employees and supervisors is crucial to avoid potential legal issues.

The time before the election is short; employers must remain calm and deliberate in handling workplace political discussions.