Expressing oneself is a right afforded to every American, no matter where that expression takes place, right? When it comes to the workplace, the answer is: It depends.
Over the past month, Chicago software firm, Basecamp, has gone from banning political and societal discussions on the company’s workplace tools, to discovering that one-third of its employees left the company following buy-out offers. The company’s CEO, Jason Fried, sent a follow-up memo to employees on May 4, 2021 apologizing for some of the events that unfolded, but indicated that the ban is here to stay.
Employers have a responsibility to promote inclusiveness and encourage respect among employees. Unfortunately, political and societal expression can have the opposite effect. In certain instances, such as when an employee’s expression disrupts or harms productivity in the workplace, private sector employers may choose to limit such expression.
It doesn’t take much for a political or societal conversation to turn nasty—watch any presidential debate. Allowing such discourse without regulation can quickly lead to workplace distractions. The last things employers need are employee division and productivity disruptions.
To complicate matters further, political conversations can weave into other potentially litigious topics, like gender and reproductive rights. Conversations that wade too far into certain topics can lead to potential discrimination or harassment claims.
Beyond interpersonal and legal ramifications, allowing overt expressions of disruptive employee political expression can reflect how the public views an employer. For instance, if employees in customer-facing roles distribute political materials on the job, those customers might ascribe that political affiliation with the company itself. Unchecked, this lack of image control can be especially damaging for employers.
Legal Considerations – As the saying goes: people have a right to free speech, not a right to employment. In other words, private sector employees typically are free to express their views, but that doesn’t mean they are free from repercussions in all circumstances. In most instances, as long as the workplace restrictions do not otherwise violate the law, private employers are free to dictate what is and what is not considered acceptable workplace behavior. States have different protections for certain speech, leading to a complex web of competing employment laws.
Looking for further discussion on this topic? Check out our recent HR Chat on Banning Political Talk in the Workplace: