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Should Employees Be Allowed to Talk about Charlottesville?
9-20-2017
A recent article in Forbes examined how employers should tackle the issue of discussing race relations with their employees. The popular article encouraged diversity, inclusivity and compassion, however, it left some readers wondering if these are topics which should be discussed in the workplace at all.
Rob Wilson, President of Employco USA and human resources expert, says, “In today’s tense racial climate, it is important to be inclusive and to ensure that every employee is being treated with dignity. However, an employee’s right to free speech is a very important legal consideration. For example, if someone wears an “Blue Lives Matter” pin on their suit, or loudly opines about Charlottesville, what should managers do? What are their legal responsibilities?”
Here, Wilson outlines what employers and employees need to know:
1) Employees’ rights are quite limited. Wilson says, “Unless you work for a state or federal employer, you do not have legal protections when it comes to expressing your views. Whether you support Black Lives Matter or Blue Lives Matter, if you work for a private employer, you are not promised the right to share your views without impunity.”
2) Few states make it illegal to discriminate against an employee based on their political affiliation. “Only a handful of states expressly state that employers are not allowed to discriminate based on an employee’s political views,” says Wilson. “And only two states make it illegal to discriminate against an employee’s ‘lawful conduct outside of work.’”
3) Employers are allowed to express political beliefs…to a point. “If your coworker is always complaining about gun control laws or ranting about Trump, he is within his rights to do so,” says Wilson, “However, hate speech is not allowed.”
4) Your social media could be scrutinized. “Unless you have an employment contract which says otherwise, your employer could penalize you for your online behavior,” says Wilson. “Whether it is a blog or your Twitter page, you could face trouble at work if your employer doesn’t like what you post. It’s important to understand the difference between freedom of speech and freedom from consequences when working for a private employer.”
5) Keep your employee handbook up to date and send an email reminder to your staff. “Employers have the right to ban disruptive conversations. They can also ban things like political buttons within their dress code policy. A no-soliciting policy will prevent employees from being able to seek signatures or funds for their political causes.”
Wilson concludes by saying, “There are several other steps a company should take in order to protect themselves and their staff. Plenty of other considerations are involved, including what falls under a person’s religious beliefs as well as how an employer can fairly investigate and handle any claims of disruptive discourse.”
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