As election season sweeps across social media feeds and coffee-break conversations, employers may wonder just how much political expression they should allow in the workplace. When emotions run high, as they are this year, political debates can morph from casual chats into employer headaches. Employees may feel distracted or intimidated, or become downright hostile.

Here are some key tips to help you avoid political headaches in your workplace before, during, and after Election Day:

1. Know the legal boundaries

While political expression is often protected under the First Amendment, this protection doesn’t apply to private-sector workplaces. Private employers retain the right to maintain a politically neutral environment if they choose. However, some states, like New York, protect lawful off-duty activities, so reviewing state-specific laws is crucial.

2. Establish a clear social media policy

Social media complicates matters. What employees post outside of work hours may influence workplace culture and impact relationships with clients or colleagues. A social media policy that encourages respectful, non-inflammatory posts related to work can help curb issues. However, employees’ political expression outside of work still may be legally protected, particularly if it’s tied to workplace conditions.

For instance, if a worker posts about supporting labor reforms related to their job, such speech is protected. The bottom line:  Be clear about acceptable online behavior, and remind employees to think about how their public posts might affect workplace relationships. Also, be mindful of your state’s off-duty conduct law and the implications of employee legal protections provided by the National Labor Relations Act as well as nondiscrimination and anti-harassment laws.

3. Embrace civility and curb hostility

Some light-hearted discussions around the election can build a positive workplace culture, but watch out for moments when “friendly debate” turns into personal attacks and creates tension, potentially erupting into workplace violence. Ensure your workplace violence prevention policies and manager training protocols are in place to help you spot and address these situations. Reminding employees to keep exchanges civil can go a long way. If someone wants to discuss a candidate or an issue, it should be okay to say, “No thanks.”

4. Use dress codes as a boundary

Employees may wish to display political support via clothing or badges. If your company chooses to ban the wearing of political attire, it should also ban all attire that contains any message or slogan.

5. Remember: policies set the tone

Well-crafted, balanced policies help employees understand what is acceptable without feeling silenced. Let them know that respectful dialogue is encouraged, but remind them that respect and professionalism come first. Communicate these policies ahead of time and apply them consistently.

With clear guidelines and thoughtful boundaries, employers can support a workplace where everyone feels safe and focused, regardless of where they stand on the political spectrum.

If you’re looking to set clear guidelines around political discussions and employee conduct in the workplace, schedule a strategy session with us today. 

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This blog is for informational purposes only. It is not offered as legal advice, nor is it intended to create an attorney-client relationship with any reader. Consult with competent local employment counsel to determine how the matters addressed here may affect you.