As the 2024 election approaches and political polarization in the U.S. intensifies, the impact of varying political beliefs on the workplace is becoming more pronounced. While protections for workplace discrimination based on protected classifications are well known to most employers, the boundary on political speech is not.  

California law prohibits employers from acting against their employees based on their political beliefs and activities.i This includes forbidding or preventing employees from engaging in politics or controlling or directing the political activities or affiliations of employees.  

National Labor Relations Act considerations also play a role in protecting workers who engage in ‘concerted activity.’ Typically, this means that employees are protected when they work together to take actions related to the terms and conditions of their employment (e.g., improving wages, workplace safety, benefits and other similar issues). This could include an employee talking with coworkers about their support for a particular candidate because the candidate wants to increase the minimum wage.  

But what happens when ‘concerted activity’ or a political affiliation brings disruption to the workplace? Here are a few key points to consider before taking steps to address the issue: 

• Use existing policies to create/maintain a positive workplace culture. The waters of political speech in the workplace can be very murky. A best practice when it comes to politically based speech is to treat it as you would any other type of disruptive speech (e.g., harassing, discriminatory or abusive speech). Any workplace discussion that turns violent, harassing or disrespectful toward coworkers should be addressed in accordance with the company’s existing policies/procedures. Using rules that employees are familiar with – and understand are already part of the workplace – shows that the employer is not motivated by the topic of the speech, but the potentially violent, harassing or abusive impact of the speech at issue. 

• Set clear expectations when it comes to workplace culture. Ensure policies that support a positive workplace culture include language that promotes a culture of respect where diverse opinions are valued and discussions are conducted with civility and respect.  

• Maintain a neutral position. As with all forms of discipline, the policies/procedures being enforced must be – and must be perceived to be – applied equally and uniformly across the organization in all applicable situations. Additionally, managers and supervisors should be trained to be cautious in sharing their political opinions with subordinates. This is true of all types of potentially harmful speech (e.g., telling off-color jokes or making statements that denigrate workers of a particular race/religion).  

As Election Day approaches employers should also begin planning to accommodate state and local voting leave requirements to ensure they are ready for any Election Day impacts.