Political Discussions in the Workplace –Employers Should Keep Things Respectful
When political debate enters the workplace, the potential for hot-tempered encounters comes with it, especially in a presidential election year. Employers have an obligation to maintain a level of worker-to-worker respect and decorum in the job environment, and this may be challenging.
New Jersey and federal laws prohibit discrimination on the basis of:
In addition, the laws prohibit retaliation against an employee who registers a complaint about a discriminatory practice or harassment.
If left unchecked, political discussions can endanger the work environment, including by creating the opportunity for discriminatory talk or harassment of a protected group. For example, an employee may raise the issue of refugees, and that conversation could easily lead to a diatribe against certain ethnic groups, some of whom may exist in the same workplace. The same could happen with discussion of a female president, or a Jewish president, which involve a conversation about protected groups. Employers can and should encourage respectful dialogue, but intervene if discussions lean in the direction of ethnic, racial, or sexual slurs. The employer is obligated to prevent harassment of any member of a protected group, including from verbal attacks.
On the other hand, according to the General Counsel of the National Labor Relations Board (NLRB), it is the right of employees to speak freely about topics that are protected, such as those that apply to improvement in workplace conditions. For example, workers are allowed to talk about a raise in the minimum wage, or the provision of appropriate bathrooms for transgender workers. Even if these topics become passionate, an employer must allow the debate — as long as it is focused on workers’ enforceable rights.
Employers should remain as neutral as possible, to avoid any suspicion or charge of discriminatory or retaliatory policy. Discrimination lawsuits can be costly and damaging, and they are mostly avoidable — if employers pay close attention to the creation and distribution of company policy memos, and enforce the company’s workplace policies to the letter of the law.
If you face a crisis or concern about workplace issues or conditions, you should consult with experienced employment rights lawyers for workers. We will listen to your facts, discuss the laws that apply, and advise you as to your best options. We are negotiations coaches, advocates, ADR specialists, and experienced trial lawyers. Let’s begin with a conversation. Come in for a reduced fee initial consultation. You will be glad you did.