Balance Free Expression and Workplace Harmony as Elections Approach

beall_free expression office harmony October 19, 2020 By: Alex Beall

In election years, employees are bound to discuss politics, and sometimes these conversations can get heated. Employers need to strike a balance between welcoming diverse viewpoints and ensuring civility in the workplace. Good judgment and smart policies can help keep the political heat among coworkers to a minimum.

With an election right around the corner, political talk may seep into the office—even when the office is largely virtual. Managers have the delicate task of regulating political expression while supporting diverse viewpoints, ensuring an inclusive culture, and nurturing camaraderie among staff.

It's a tricky position: Managers and HR departments need to decide when to let diverse views exist in the open and when to shut them down. Barbara Mitchell, a human resources management consultant, says this balance is difficult to strike and depends as much on proper discernment as on official policies and guidelines.

"You certainly don't want to cut your employees off from having conversations with each other, but you want to make sure that conflict does not arise just as you would in any workplace situation," she says.

Managers need to be observant and prepared for when controversial topics come into conversations. When the discussion becomes heated and starts to hinder work, managers may need to ask the employees to end their conversation or to take it outside of the workday if they wish to continue.

"It's not just political. It can be sports-related. It can be religious issues," Mitchell says. "People just disagree on things, but in the workplace, if it causes work to be interfered with, then it's not appropriate."

While policies regarding political expression can help limit conflict, they can also seem at odds with efforts to encourage people of diverse backgrounds with different experiences to share their viewpoints—a critical component of workplace inclusivity. So, when policies are implemented, they should apply to all controversial topics rather than single out political talk.

Culture of Mutual Respect

Mitchell's preferred approach is to create a values statement that clearly outlines the expectation of mutual respect among colleagues, making it part of the workplace culture. Managers should regularly remind employees of the organization's values during meetings, and the statement should be posted in plain view, whether that’s in the physical office or in a shared virtual space, she says.

But this issue isn't limited to chatter. Political expression can come in the form of T-shirts, hats, buttons, and posters, none of which should be specifically banned, Mitchell says. These forms of expression are even trickier to manage when people are working at home in their own personal spaces, and they should be addressed only if they start to create division among the team.

This is a time when managers have to use their best judgment to keep the working environment as positive as possible.

"If a poster or a pin or other item is causing people to scream and yell at each other, then managers must deal with it,” she says. “Ask the employee to remove the controversial item, but do it in a one-on-one setting. This is a time when managers have to use their best judgment to keep the working environment as positive as possible."

Legal Issues

Employers are free to limit or bar political speech in the work setting, as employees don't have First Amendment rights in the workplace, says Jim Kahl, a partner at Whiteford Taylor Preston and a political law expert. But that's not necessarily the best tactic.

Kahl says that a complete ban on political talk doesn't work because it is difficult to monitor all workplace interactions, but managers could still ban political posters and clothing in the office (with the exception of union-related buttons and pins in a unionized workplace). Whatever the policy may be, Kahl emphasizes that the key to managing a diversity of views is balanced enforcement.

"Certainly [management] would want to make sure if they're enforcing that kind of policy, it's done in an even manner, and that it's not just enforced on one side of the aisle or the other," he says.

Kahl says managers need to uphold a code of decorum and step in when needed to remind employees of what behavior is appropriate at work.

"It's important for employers that whatever kind of speech [employees] engage in in the workplace, whether it's political speech or not political speech, it must be respectful of the views of other employees," Kahl says.

In addition, organizations should have clear guidelines regarding political activity in the workplace to protect themselves, Kahl says. The use of organizational resources to support political campaigns is illegal, and if an employee uses too many office resources or on-the-clock hours for political work, the organization will be liable.

Editor’s Note: This article, originally published in 2016, has been updated.

Alex Beall

Alex Beall is a freelance writer based in California.