Preventing Conflict Over Politics Through Thoughtful Workplace Policies

In today’s world, political topics seem to dominate every moment of the day. From sensationalist news outlets to a constant barrage of opinions from social media friends and influencers, it can all be difficult to get away from.

While it used to be the norm to keep politics away from the office, data from the Society for Human Resource Management (SHRM) show that 71% of U.S. employees report having polarizing political conversations at work. What’s more, these conversations are more likely to happen among millennial and Gen Z workers, who make up larger swaths of the workforce every year.

As discussion of politics at work becomes more prevalent, so does the threat of incivility among employees and claims of discrimination, harassment, and coercion over political beliefs. SHRM studies indicate that 87% of employers worry about how to manage divisive political beliefs and conversations in the office.

It’s crucial for employers to handle political talk the right way to ensure that their policies support a solid employer defense case if such discussion goes wrong.

Understanding What the Law Says About Political Activity

For any employer, the goal is to balance the need for business productivity, growth, and success with the requirement to honor employee rights under federal, state, and local laws.

The National Labor Relations Act of 1935 protects employees’ ability to engage in what’s known as “protected concerted activity.” This means they have the right to discuss topics related to the improvement of the terms and conditions of their employment, including wages, healthcare benefits, and protections for workers belonging to underrepresented groups.

Recent NLRB cases, including Stericycle, Inc. and Lion Elastomers in 2023, have ensured that employers can no longer prohibit these discussions, even in the name of preventing incivility or promoting professionalism.

Even more concerning are laws that prohibit employers from taking any adverse action against an employee that could be misconstrued as being in relation to their political beliefs or lawful exercise of their rights.

This can put those facing employer defense cases in a tight spot. As such, it’s imperative for HR professionals and leadership teams to take special care when developing policies aimed at avoiding political conflict in the workplace.

Strategies for Crafting Intentional Policies Around Political Conflict

An overwhelming number of employers are concerned about managing political division at work. Despite that fact, SHRM data shows that only 8% have concrete workplace policies that address political division.

While this may be the case for various reasons, one could be a lack of understanding of how to build policies that discourage conflict without violating employee rights. Here are a few thoughtful ways that employers can balance these two key needs and create an environment where respect, inclusion, collaboration, and productivity can thrive.

Offer Clarity and Uniformity

First, make sure to familiarize yourself with laws that govern employee rights to political activity at the federal, state, and local levels.

Once you’ve done that, you can work around those laws to develop workplace politics and social media policies that offer clarity on what behaviors are acceptable and unacceptable. This may be best done with the help of an employer defense attorney who is deeply familiar with labor laws.

As you seek to enforce these policies, it’s also important to remember that any bans or other actions must be applied uniformly across the board. Otherwise, you may risk accusations of discrimination or coercion.

Focus on Manager Training

Create policies that require mandatory training for managers around conflict resolution and behavioral expectations. In these sessions, managers should actively participate in scenario-based training to help them recognize behaviors that go against policy and know exactly what to do to address them and avoid further escalation.

Training should also include information meant to help supervisors stay within the boundaries of employee rights as they make critical decisions each day.

Clearly Articulate Business Interests

Create policies that are focused on avoiding disruptions and ensuring maximum productivity during working time. This may mean prohibiting activities like making solicitations, collecting campaign donations, or even distributing campaign materials at work.

Your decisions will be on more solid legal ground if you can clearly show that it’s in the company’s best interests to avoid the productivity costs of constant disturbances.

Avoid Confusion Around Coercion and Influence

There’s nothing preventing any company from using its political speech rights. Leadership teams are free to donate money to campaigns or speak out against certain legislation.

However, you should avoid actions that might be construed as coercing or influencing any employee’s political actions. This includes using an employee’s political affiliations to determine their performance review scores, their ability to obtain promotions, or the pay or benefits they’re offered.

Create a Zero-Tolerance Environment for Harassment

All employees, from leadership to middle management to entry-level, should be clear on what constitutes crossing the line into harassment or intimidation. Give them clear examples of what harassing speech sounds like and what topics they may want to stay away from.

Additionally, make sure to lay out clear reporting procedures for those who believe they’re being harassed at work. In California, you must also have a plan to address workplace violence, including acts arising from political tension.

Make Culture Your Top Priority

Emphasize policies that help you build a positive and inclusive culture. Doing so can help you set team norms for behavior that promote a shared understanding of what civility looks like and identify team norms for mutual respect.

Make sure there’s a way for employees to acknowledge that they’ve received documents explaining these expectations and are clear on the consequences for not following them.

Thoughtful Policies Are Key to Political Civility at Work

According to SHRM, more than three-quarters of employers believe that political discussions at work negatively impact employee engagement and productivity. Still, respecting employees’ rights to engage in these discussions is critical to avoiding legal trouble.

Though the law may restrict what types of policies you can enact to keep your office environment civil, strong policies can make a difference when it comes to encouraging employees to stay productive and collaborative.

When done right and with the guidance of a qualified employer defense attorney, it’s possible to walk the fine line between employee rights and business interests.

If your organization needs help drafting compliant workplace policies or addressing political speech concerns, contact Pearlman, Brown & Wax, LLP. Our experienced employer defense attorneys can help you create strategies that protect both your employees and your business.