Foster: What employees and employers need to know about political statements in the workplace
By Troy P. Foster |
Arizona, known for its status as a swing state and its diverse political perspectives, can expect to see an increase in political speech in the workplace as the 2024 general election approaches. Employees and employers should be aware of the legal implications of political discourse in the workplace and seek legal advice to navigate potential disruptions in today’s landscape.
Legal framework
Political speech is protected by the First Amendment in public office, but private employers, including large and small businesses, have less clear boundaries when it comes to regulating political speech within their organizations. They have the freedom to establish clear policies on political speech to maintain professionalism at work and prevent disruption.
In Arizona, a free-work state, employers can generally fire employees for any lawful reason, including opposing political views. However, firing an employee for making political statements about working conditions may violate the National Labor Relations Act, which protects employees’ rights to express political views when it relates to working conditions or terms of employment. This includes discussions about compensation, benefits, advocating for candidates, supporting wages and more—there are limitations depending on the content and context.
Employee rights
As an employee in Arizona, you have the right to engage in political speech and participation outside of work. This includes attending a rally or protest, volunteering on a candidate’s campaign, or sharing your political views online. However, private employers have the power to control the way employees express their political views.
Knowing and understanding the workplace political expression policies and your rights can protect you if you experience discrimination, harassment or wrongful termination because of your political beliefs or activities.
If you go to the polls to cast your vote during work hours this Election Day (November 5), remember that under Section 16-402 of the Arizona Revised Statutes, employers are required to provide their employees with time off to vote in the primary or general election if the employee has less than three hours before or after work to vote before the polls close.
Managing political expressions as an employer
Employers must address political activity in the workplace by making clear the speech and behavior that is permitted and the consequences of violating those policies. An employment lawyer can help companies set clear, legal limits on political activity with policies that still uphold the company’s values and goals.
Employer policies should include: a non-discrimination and non-retaliation policy that prohibits action against employees based on their political beliefs or activities; a code of conduct that outlines acceptable behavior in the workplace; and a social media policy that governs how employees may represent the brand online.
When employees show their support for a candidate through a t-shirt, hat or poster in the office, it can cause disruption. Employers should review their dress code to avoid potential problems.
Above all, it is of utmost importance to create an environment where employees feel safe and comfortable and can report problems without fear, despite political tensions.
What can employees do?
If you, as an Arizona employee, believe you were wrongfully fired because of political statements or affiliations, document any related discrimination, retaliation or harassment by collecting relevant emails, memos or conversation recordings.
Check your employer’s handbook and contract for policies and protections for political speech. Also, consult an experienced employment attorney to review your legal options. Your case may be grounds for a complaint to the EEOC or the Arizona Department of Labor. You will need to provide evidence showing that your political affiliation or protected speech was a motive for the action taken against you.
Let’s create a workplace environment that protects our rights and our democracy during Arizona’s elections.
Editor’s Note: Troy P. Foster is a principal attorney and founder of Phoenix-based The Foster Group. For more information, visit www.thefosterlaw.com. Do you have an opinion on political statements in the workplace? Readers’ reactions, whether for or against, are welcome at [email protected].
