As a contentious election season unfolds, I recently was honored to join KTLA-5 Weekend Morning News to discuss an issue that is impacting workplaces nationwide – talking politics at work, as well as discussing highly charged social issues. In 2024, people are more willing than ever to express their political views and opinions, but employees and employers alike need to understand the legality of this expression. For employers, it’s essential to understand what they can and cannot prohibit and what disciplinary actions they can take, if any. For employees, on the other hand, having a concrete understanding of their rights is essential when navigating the tumultuous waters of political and other discussions in the workplace.
As a legal commentator and media personality, my passion is cutting through the noise and educating the general public on the latest news in employment law, workplace trends, and policies. No matter which side of the aisle you fall on, the vote is seemingly in as we examine the employment laws and regulations governing political discussions in the workplace. And the results may surprise you.
Related News Appearance: KTLA-5 Weekend Morning News – Discussing Politics at Work
Angela Reddock-Wright Joins KTLA to Discuss Talking Politics at Work
I was thrilled to join KTLA-5 Weekend Morning News hosts Lauren Lyster and Megan Telles to discuss the implications of the heated election year on workplace discussions.
During this enlightening conversation, we identified the legal line defining workplace protections for political discussions and explored the complex topic of the legality of talking politics at work.
Whether discussing politics or controversial social issues, we delved into the nuances that both employers and employees must understand because, like all matters of employment law, there is not a simple yes or no answer. The truth is that the legality of political discussions at work depends on several factors.
While it is not necessarily illegal to discuss politics at work, it is generally discouraged because of the gray areas surrounding it. We touched on the fact that many people assume they have a First Amendment Right to Free Speech no matter what, but this is not necessarily true in the workplace.
Employers, ultimately, have a right to determine the rules and policies of their workplace to promote a respectful work environment where everyone feels comfortable. Some rules state employees cannot discuss politics and non-work-related and controversial subject matter in the workplace at all.
It is important to note, however, that as the world changes, we have seen a trend emerge of employers allowing employees to have an open and free dialogue in the workplace as long as it is respectful, does not incite harm or violence, and is not discriminatory or harassing toward other employees, customers, clients or vendors.
Still, this depends on the company or organization.
Related Article: Angela Reddock-Wright – Legal & Employment Law Commentator Weighs in on Discussing Politics in the Workplace
Are There Any Exceptions or Limits on What Employers Can Do when Limiting Talking Politics At Work?
Our conversation led to a discussion about exceptions and limitations employers and employees should be aware of. First, if a person’s job requires them to discuss or report on controversial social or political issues, like in a newsroom, they have a longer leash in regards to talking politics at work.
Further, we explored the National Labor Relations Act, which provides protections to employees in the workplace. Under this act, employers cannot limit employees from discussing issues related to their working conditions, rights, or benefits in the workplace.
We dove into a pertinent example that has been at the forefront of the election: a debate about raising the minimum wage. If an employee works in an environment where the employee feels the minimum wage should be raised, and the employee raises this issue in the workplace, this could be protected.
Another crucial consideration we covered revolved around dress code and whether employers can prohibit employees from wearing clothing that represents their political or social views in the workplace. Generally, an employer can establish a dress code to address this.
However, in a recent employment case against Home Depot, a judge decided that Home Depot could not prevent an employee from having Black Lives Matter insignia on their apron because this was an extension of the employee expressing their concern about issues of alleged racial discrimination in the workplace. As such, it was considered a protected activity in the workplace.
Related Article: Politics and Work: Should They Mix?
What Should Employers and Employees Do to Navigate the Complex Terrain of Talking Politics at Work in the Current Climate?
Eventually, we provided some guidance to KTLA viewers. Both employers and employees should seek advice from a seasoned employment law attorney to ensure they know and understand the law in this area. Employers should also review their policies and practices to ensure they are legally compliant.
Then, employers must decide what environment or culture they want to create. Do they want a work environment that prohibits all political and controversial discussion, or do they want one that allows for conversation as long as it is respectful and courteous to other employees?
It is also important not to jump to conclusions. If an employer believes an employee has violated the law or a company policy, they must investigate the situation to reach a fair and reasonable conclusion. Failure to do their due diligence could result in costly lawsuits for the company.
Employees on the other hand, should know their rights and the limitations of what they can and cannot do in the workplace. Employees must remain cognizant of whether the subject matter they bring up when talking politics at work is respectful to other employees. It may be important to adjust their perspective as well.
Employees must accept that their co-workers may hold different beliefs, keep things professional, avoid engaging in such discussions at work if possible, and ensure that their outside work activities do not violate the law or put them in a position of engaging in activities that could compromise their job.
Thought Leader, Media Personality, Professional Speaker, & Legal Commentator
Understanding the laws revolving around talking politics at work is crucial for both employees and employers. For employees, it is essential to have a grasp on your protections and limitations; for employers, this information could help protect you from discrimination and other lawsuits. It was a privilege to appear on the KTLA-5 Weekend Morning News as a thought leader and legal commentator.
Employment Law Thought Leader & Professional Speaker on Employment Law Trends and Breaking Employment Law News
In the current climate, understanding the nuances of whether or not talking politics at work is advisable or even legal is crucial for employees and employers alike. I am a former employment and labor law attorney turned mediator, ADR, and conflict resolution specialist who believes it is crucial to stay current with groundbreaking changes to employment law for employees and employers alike. My passion is educating the general public on recent developments in employment law and the workplace trends that impact them as a thought leader and legal commentator. As such, I am uniquely qualified to address the issue of discussing politics in the workplace. My more than 20 years of experience as a media legal analyst and contributor led to my radio show on Tavis Smiley’s KBLA Talk 1580, “Legal Lens with Angela Reddock.” I also am a regular speaker and blogger on employment law and issues related to the workplace.
Also, learn more about my book – The Workplace Transformed: 7 Crucial Lessons from the Global Pandemic – here – https://angelareddock-wright.com/book/.
For media inquiries, please reach out to josh@kwsmdigital.com.
For more information regarding mediation and dispute resolution resources for both employees and employers, let’s connect on LinkedIn for new updates or contact me here. You may also follow me on Instagram.
This communication is not legal advice. It is educational only. For legal advice, consult with an experienced employment law attorney in your state or city.