Q & A: Political Expression at Work

09/02/08

With the 2008 election in full swing, politics is on the minds of many employees and their employers. Here are the answers to some of the recent questions that have been posed to G.Neil’s HR employment law experts.

Q: Is prohibiting political expression at work a violation of an employee’s First Amendment rights to free speech?

A: Unless their employers are engaging in “state action”, employees in the private sector have no protection under the First Amendment to be free of employer-imposed restrictions on free speech, including political speech. The rules differ for public sector employees, who enjoy such protections with certain exceptions.

Q: What can I do about employees who use office resources (i.e., e-mail, copier) for political activities?

A: During paid working hours, employers are generally not expected to compensate employees for engaging in activities that distract them from their duties. Additionally, employers have broad discretion to outline policies regarding use of company resources for anything other than work.

Q: Am I allowed to promote a certain candidate to my employees whom I feel will be beneficial for our industry?

A: It depends on the category of employees.

Federal election law allows private sector corporations to communicate about their political agendas with their “restricted class” (which includes executives and key administrative personnel, shareholders and others), but not to other employees, in general.

With all the various federal and state laws regulating political activity in the workplace, it can be hard to know what’s right and what’s wrong.

Now E-Guide PLUS: Managing Political Opinions at Work can help employers successfully manage this sensitive topic.