Political Arguments at Work
Part One: Employers’ Rights

Because political discussions often involve issues with personal significance to employees, even a small disagreement can erupt into a heated argument. This can negatively impact productivity, employee morale, and working relationships as employees discuss or even advocate their political opinions.

How an employer deals with politics in the workplace implicates an organization’s brand, values, and social justice stance.

Myriad labor and employment law issues also arise with politics in the workplace, including under anti-discrimination laws, the National Labor Relations Act, state mandatory employer-sponsored meeting bans, and voting leave laws.

As a result, employers should be aware of employees’ rights, and limits on those rights, related to political speech and activities in the workplace, and be prepared to act proactively to prevent issues before they arise.

Employers’ Rights to Restrict Politics in the Workplace

The First Amendment applies only to government action, and thus does not limit the rights of private employers to regulate employees’ communications. It does not provide a constitutional right for workers to express political thoughts or opinions in a private workplace. In other words, there is no federal constitutionally protected right of political free speech in the workplaces of private employers.

With few exceptions, there is limited legal protection for political activities in the workplace. Private employers generally may refuse to hire and even fire “at will” employees because of their political views. In other words, “political discrimination” often is not unlawful under federal law. Several state and local jurisdictions, however, provide greater employee protections.

For example, the District of Columbia prohibits employers from discriminating against an employee’s actual or perceived “political affiliation.”

At least 11 states have laws that prohibit employers from disciplining, or otherwise restricting, employees from expressing their political affiliations or views or being affiliated with a political party. In fact, some state laws protect speech that goes past purely political matters, extending protection to advocacy for social justice or other issues. California courts have ruled that advocacy for certain rights or for disabled individuals constitutes “political speech” protected by statute.

Similarly, Connecticut law extends First Amendment protection to speech by employers of private companies, prohibiting such employers from taking adverse action against an employee for engaging in speech that would be protected against government interference by the state or federal constitution. The Connecticut law expressly does not, however, protect activities that would substantially or materially interfere with the employee’s job performance or the working relationship between the employee and employer.

Employers’ Rights Regarding Politics in the Workplace

Employers themselves generally have the right to engage in political activity in the workplace.

For instance, employers can communicate with their employees about a company’s support for or opposition to legislation or regulations. Similarly, employers are generally permitted to inform their employees about the effect that legislation or regulation might have on the company as well as its employees and stakeholders.

However, it is a federal crime to interfere with an individual’s ability to vote for federal candidates, or to coerce that individual to cast a ballot in a specific way.

Similarly, it is unlawful to bribe or offer an expenditure to an individual in exchange for voting a certain way. Many states prohibit employers from intimidating, threatening, or coercing employees to refrain from voting or to vote in a certain manner.

Some states also prohibit employers from gathering or keeping a record of an employee’s political activities, associations, or communications unless certain conditions are met.

Companies can also generally spend as much money as they want to influence elections. However, federal contractors are barred from making any contribution or promise to make such contribution to any political party, committee, or candidate for federal office or to any person for any political purpose or use. The federal contractor political contribution ban aims to avoid the appearance that taxpayer-funded government contracts are for sale or politically influenced.