WORKPLACE LAW -
Politics in the Workplace
Question:
With the election fast approaching, I had a few questions about politics in the workplace. Is it OK for employees to discuss politics at work? What about people who wear campaign buttons or t-shirts? I also have a few coworkers who are starting to drive me crazy with their constant political discussions—are they allowed to discuss this kind of thing at work?
Answer:
This is certainly a timely question, especially as the presidential election in November is now only weeks away. Chances are that many workplaces are currently the scene of political discussion and commentary, much like you are experiencing in your office. In fact, a January 2008 OfficeTeam telephone survey found that nearly 40% of employees discuss politics “often” at work, and that 67% of workers feel this type of discussion is acceptable as long as it does not get too heated.
However, more than 25% of workers who were polled in 2007 stated that they did not “fit in” with their company’s culture when it came to politics. Employees must therefore be aware that their personal politics may not be shared by their coworkers, and must likewise be careful not to offend or marginalize those who may feel differently. In 2007, a Vault.com survey found that 30% of workers polled reported that a co-worker had tried to influence their choice in an election. In addition, 35% said that their boss had openly shared political views with his or her employees, and 9% said they felt pressure to conform to their supervisor’s views.
Generally speaking, employers are entitled to adopt policies to ensure that their employees are working—and not politicking—during paid working hours. An employer should not be expected to compensate employees for engaging in political activities. Similarly, private employers have broad rights to ensure that employers’ own resources and property, including e-mail systems and bulletin boards, are not used for employees’ personal political agendas. Finally, employers may limit those employees who interact with the public from wearing campaign buttons to avoid the appearance that the business is endorsing a particular candidate.
Note that, unlike public sector employees, private sector employees do not have a First Amendment right to engage in ‘‘free speech’’ in the workplace. The First Amendment protects against the government’s abridgement of speech, but does not apply to private employers that are not engaging in ‘‘state action.’’ Therefore, employees of private sector employers have no First Amendment right to be free of employer-imposed restrictions on free speech. This may come as a surprise to many private sector employees. For that reason, many employers explain this principle in their employee handbooks or other policy statements, so that employees are aware that they have no constitutional right to engage in political activity in the workplace.
In California, employees without employment contracts are deemed to be ‘‘at will’’ employees. Such ‘‘at will’’ employees generally can be terminated for any reason, or no reason at all, unless there is a specific statutory or other recognized exception to the ‘‘at will’’ principle. In principle, therefore, private employers could terminate at will employees who engage in political activity off the job that the employer dislikes. In order to mitigate the effects of the ‘‘at will’’ principle as it pertains to political activities, various states have enacted statutes protecting employees from termination or adverse job actions based on their political affiliation or activity. In California, therefore, the Labor Code provides that no employer can forbid or prevent employees from engaging in or participating in politics, nor can an employer control or direct the political activities of employees. Employers also may not coerce employees through threats of termination to adopt or refrain from adopting any political activity.
Note that employees in California are also entitled to take up to two hours off, with pay, at the beginning or end of their shift to vote in a governmental election or referendum; employers may require their employees to provide advance notice of this need to take time off to vote.
In summary, while your coworkers cannot be prevented from engaging in political activity, their workplace discussions and actions can be restricted by your employer, if done properly. To that end, your employer may wish to implement a “code of conduct” with regard to political issues and elections that addresses matters such as: use of company facilities, including e-mail and public areas, for political solicitations/discussions; anti-solicitation rules in the workplace; campaign buttons; pamphleteering on company premises; compliance with rules prohibiting corporate campaign contributions through use of corporate resources; and guidelines concerning off-the-job political activity, especially if it is of a nature that may undermine the employer’s business interests. If your employer appears to be unaware of the amount of political discussion and activity that is taking place in the workplace, you are well within your rights to raise the issue with your supervisor and to ask that some guidelines be put in place.
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