Voting Laws and Political Discussions in the Workplace

With 14 days until Election Day, employers must ensure they are in compliance with voting leave laws and notice requirements. Click the button below to access a chart outlining this information for a number of states. If your company operates in a state not listed below, please contact us.

In this time leading up to the election, employers may have concerns about workplace discussions surrounding politics. Political speech and activity in the workplace can impact performance and productivity, or at times may lead to bullying or harassment. 

For employers who are a tax-exempt organization, certain political speech may affect the organization’s tax-exempt status. Many tax exempt-organizations are subject to restrictions on lobbying and political activities in exchange for the public subsidy that they receive. 

This may come as a surprise to many, but there is no general right to “free speech” in a private sector workplace.  Employees working in the public sector may be protected by the First Amendment, but only to the extent it involves a matter of public concern.  Therefore, aside from some limited exceptions, private sector employers are generally able to prohibit and discipline employees for discussing politics while at work.

Free speech protections may cover private sector employees by statute.  For example, Section 7 of the National Labor Relations Act (“NLRA”), which applies to both union and non-union employees, protects certain “concerted activities” of employees for the purposes of “mutual aid or protection.”  Political speech or activity that is unrelated to employment would not be covered or protected by the NLRA. 

Here are some tips that we recommend:

• Establish office policies and train employees on respect in the workplace without focusing on politics 

• Lead by example. If the boss talks openly about his/her politics beliefs, employees may feel intimidated or concerned that they will be treated differently if they do not hold the same views.  

• Consider keeping political programs off the televisions in the office

• Direct conversations in meetings away from politics 

• Limit or ban visual displays in the office, such as campaign buttons, bumper stickers, and posters

Although employers generally have the authority to prohibit political discussions at work, it is important to ensure that policies and practices do not conflict with the rights granted to employees under state or federal laws.

• SHRM / The National Law Review