While employers theoretically could prohibit political discussion in the workplace — with some exceptions — that doesn’t mean they should, according to lawyers from Duane Morris LLP.
Practically and culturally doing so could be problematic, the lawyers explained during a Sept. 26 webinar.
“From a practical standpoint, it may really not be feasible for employers to have a rule or a policy prohibiting political speech in the workplace, even assuming there were no National Labor Relations Board that they had to worry about,” Christopher Durham, a partner at Duane Morris said.
Because employees communicate on so many different platforms, such as via email and on messaging sites like Slack, it would be extremely difficult to monitor conversations that take place both online and in person, Durham said.
“If you do manage to accomplish it, it’s probably going to be a full-time job,” Durham said.
Beyond feasibility, a ban on political conversations could negatively affect workplace culture, he said. Many companies encourage workers to show up as their authentic selves to boost morale and engagement, and “banning political discussions may be viewed as running contrary to that culture that you’re trying to create and espouse,” Durham said.
Doing so could make workers feel silenced and disengaged, he warned.
But there are risks with retention when politics are involved, a recent survey found. Of the 1,141 U.S. adults surveyed by Indeed and Harris Poll, 28% said they would consider quitting over political differences.
To mitigate that risk, another employment law attorney previously suggested HR professionals address disputes proactively, crafting policies and training managers to prevent problems.
