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Political Discussions at Work: Between a Ballot Box and a Hard Place

With a presidential election days away, political discourse is in full swing, and likely will not end after the election is over. As with every election cycle, such political discussions can come into the workplace and lead to conflict between employees on different sides of the political spectrum. What is an employer to do?

There is no perfect answer here and employers take many different approaches to this issue. Some openly choose a political candidate or stance, with CEOs actively campaigning on their preferred candidate’s behalf. Prime examples of this include Elon Musk, who has not shied away from his support of former President Donald Trump, while the executive chair of Netflix, Reed Hastings, has announced his support for Vice President Kamala Harris. Other employers make every effort to remain a-political, not supporting any candidates or issues and simply continuing to do their work to contribute. With many different options available, employers need to know the laws at issue in order to best decide how to handle political discussions at work.

Federal and State Anti-Discrimination Laws

Federal and State laws prohibit discrimination in the workplace regarding protected characteristics such as race, religion, national origin, gender, sexual orientation, gender identity, and ethnicity. While “political party” is not a protected characteristic, it is easy to see how certain politically charged issues in this election can lead to protected characteristics, such as diversity, equity, and inclusion (“DEI”) initiatives, the conflict in Gaza, gender-affirming care, freedom of religion, abortion and reproductive rights, and immigration policies. Statements made against or in favor of groups sensitive to these issues could rise to the level of discrimination under Title VII and should not be tolerated in the workplace during working time or in work areas regardless of the political positions involved.

National Labor Relations Act- Right to Discuss Workplace Conditions

Another law that often comes into play is the National Labor Relations Act, which protects employee rights to discuss workplace conditions, wages, and benefits. Even if they are not a member of a union, employees can discuss issues such as increased wages, benefits, union organizing, and better working conditions. So, for example, if employees are discussing the political movement to increase the federal minimum wage, that discussion could be protected under the National Labor Relations Act.

Louisiana’s Political Activities Law

Louisiana also has a rarely-used law that prohibits employers from adopting any policy preventing its employees from engaging or participating in politics or from becoming a candidate for political office. Further, the law prohibits employers from controlling or directing the political affiliations or political activities of its employees in the exercise of political rights. The law carries criminal penalties for violations.

While several laws are at issue regarding political discussions at work, the safest course is to make the workplace as free from political discussions as possible within the boundaries of the law.

Political Discussions at Work: Between a Ballot Box and a Hard Place

With a presidential election days away, political discourse is in full swing, and likely will not end after the election is over. As with every election cycle, such political discussions can come into the workplace and lead to conflict between employees on different sides of the political spectrum. What is an employer to do?

There is no perfect answer here and employers take many different approaches to this issue. Some openly choose a political candidate or stance, with CEOs actively campaigning on their preferred candidate’s behalf. Prime examples of this include Elon Musk, who has not shied away from his support of former President Donald Trump, while the executive chair of Netflix, Reed Hastings, has announced his support for Vice President Kamala Harris. Other employers make every effort to remain a-political, not supporting any candidates or issues and simply continuing to do their work to contribute. With many different options available, employers need to know the laws at issue in order to best decide how to handle political discussions at work.

Federal and State Anti-Discrimination Laws

Federal and State laws prohibit discrimination in the workplace regarding protected characteristics such as race, religion, national origin, gender, sexual orientation, gender identity, and ethnicity. While “political party” is not a protected characteristic, it is easy to see how certain politically charged issues in this election can lead to protected characteristics, such as diversity, equity, and inclusion (“DEI”) initiatives, the conflict in Gaza, gender-affirming care, freedom of religion, abortion and reproductive rights, and immigration policies. Statements made against or in favor of groups sensitive to these issues could rise to the level of discrimination under Title VII and should not be tolerated in the workplace during working time or in work areas regardless of the political positions involved.

National Labor Relations Act- Right to Discuss Workplace Conditions

Another law that often comes into play is the National Labor Relations Act, which protects employee rights to discuss workplace conditions, wages, and benefits. Even if they are not a member of a union, employees can discuss issues such as increased wages, benefits, union organizing, and better working conditions. So, for example, if employees are discussing the political movement to increase the federal minimum wage, that discussion could be protected under the National Labor Relations Act.

Louisiana’s Political Activities Law

Louisiana also has a rarely-used law that prohibits employers from adopting any policy preventing its employees from engaging or participating in politics or from becoming a candidate for political office. Further, the law prohibits employers from controlling or directing the political affiliations or political activities of its employees in the exercise of political rights. The law carries criminal penalties for violations.

While several laws are at issue regarding political discussions at work, the safest course is to make the workplace as free from political discussions as possible within the boundaries of the law.

Political Discussions at Work: Between a Ballot Box and a Hard Place

With a presidential election days away, political discourse is in full swing, and likely will not end after the election is over. As with every election cycle, such political discussions can come into the workplace and lead to conflict between employees on different sides of the political spectrum. What is an employer to do?

There is no perfect answer here and employers take many different approaches to this issue. Some openly choose a political candidate or stance, with CEOs actively campaigning on their preferred candidate’s behalf. Prime examples of this include Elon Musk, who has not shied away from his support of former President Donald Trump, while the executive chair of Netflix, Reed Hastings, has announced his support for Vice President Kamala Harris. Other employers make every effort to remain a-political, not supporting any candidates or issues and simply continuing to do their work to contribute. With many different options available, employers need to know the laws at issue in order to best decide how to handle political discussions at work.

Federal and State Anti-Discrimination Laws

Federal and State laws prohibit discrimination in the workplace regarding protected characteristics such as race, religion, national origin, gender, sexual orientation, gender identity, and ethnicity. While “political party” is not a protected characteristic, it is easy to see how certain politically charged issues in this election can lead to protected characteristics, such as diversity, equity, and inclusion (“DEI”) initiatives, the conflict in Gaza, gender-affirming care, freedom of religion, abortion and reproductive rights, and immigration policies. Statements made against or in favor of groups sensitive to these issues could rise to the level of discrimination under Title VII and should not be tolerated in the workplace during working time or in work areas regardless of the political positions involved.

National Labor Relations Act- Right to Discuss Workplace Conditions

Another law that often comes into play is the National Labor Relations Act, which protects employee rights to discuss workplace conditions, wages, and benefits. Even if they are not a member of a union, employees can discuss issues such as increased wages, benefits, union organizing, and better working conditions. So, for example, if employees are discussing the political movement to increase the federal minimum wage, that discussion could be protected under the National Labor Relations Act.

Louisiana’s Political Activities Law

Louisiana also has a rarely-used law that prohibits employers from adopting any policy preventing its employees from engaging or participating in politics or from becoming a candidate for political office. Further, the law prohibits employers from controlling or directing the political affiliations or political activities of its employees in the exercise of political rights. The law carries criminal penalties for violations.

While several laws are at issue regarding political discussions at work, the safest course is to make the workplace as free from political discussions as possible within the boundaries of the law.

Political Discussions at Work: Between a Ballot Box and a Hard Place

With a presidential election days away, political discourse is in full swing, and likely will not end after the election is over. As with every election cycle, such political discussions can come into the workplace and lead to conflict between employees on different sides of the political spectrum. What is an employer to do?

There is no perfect answer here and employers take many different approaches to this issue. Some openly choose a political candidate or stance, with CEOs actively campaigning on their preferred candidate’s behalf. Prime examples of this include Elon Musk, who has not shied away from his support of former President Donald Trump, while the executive chair of Netflix, Reed Hastings, has announced his support for Vice President Kamala Harris. Other employers make every effort to remain a-political, not supporting any candidates or issues and simply continuing to do their work to contribute. With many different options available, employers need to know the laws at issue in order to best decide how to handle political discussions at work.

Federal and State Anti-Discrimination Laws

Federal and State laws prohibit discrimination in the workplace regarding protected characteristics such as race, religion, national origin, gender, sexual orientation, gender identity, and ethnicity. While “political party” is not a protected characteristic, it is easy to see how certain politically charged issues in this election can lead to protected characteristics, such as diversity, equity, and inclusion (“DEI”) initiatives, the conflict in Gaza, gender-affirming care, freedom of religion, abortion and reproductive rights, and immigration policies. Statements made against or in favor of groups sensitive to these issues could rise to the level of discrimination under Title VII and should not be tolerated in the workplace during working time or in work areas regardless of the political positions involved.

National Labor Relations Act- Right to Discuss Workplace Conditions

Another law that often comes into play is the National Labor Relations Act, which protects employee rights to discuss workplace conditions, wages, and benefits. Even if they are not a member of a union, employees can discuss issues such as increased wages, benefits, union organizing, and better working conditions. So, for example, if employees are discussing the political movement to increase the federal minimum wage, that discussion could be protected under the National Labor Relations Act.

Louisiana’s Political Activities Law

Louisiana also has a rarely-used law that prohibits employers from adopting any policy preventing its employees from engaging or participating in politics or from becoming a candidate for political office. Further, the law prohibits employers from controlling or directing the political affiliations or political activities of its employees in the exercise of political rights. The law carries criminal penalties for violations.

While several laws are at issue regarding political discussions at work, the safest course is to make the workplace as free from political discussions as possible within the boundaries of the law.

Political Discussions at Work: Between a Ballot Box and a Hard Place

With a presidential election days away, political discourse is in full swing, and likely will not end after the election is over. As with every election cycle, such political discussions can come into the workplace and lead to conflict between employees on different sides of the political spectrum. What is an employer to do?

There is no perfect answer here and employers take many different approaches to this issue. Some openly choose a political candidate or stance, with CEOs actively campaigning on their preferred candidate’s behalf. Prime examples of this include Elon Musk, who has not shied away from his support of former President Donald Trump, while the executive chair of Netflix, Reed Hastings, has announced his support for Vice President Kamala Harris. Other employers make every effort to remain a-political, not supporting any candidates or issues and simply continuing to do their work to contribute. With many different options available, employers need to know the laws at issue in order to best decide how to handle political discussions at work.

Federal and State Anti-Discrimination Laws

Federal and State laws prohibit discrimination in the workplace regarding protected characteristics such as race, religion, national origin, gender, sexual orientation, gender identity, and ethnicity. While “political party” is not a protected characteristic, it is easy to see how certain politically charged issues in this election can lead to protected characteristics, such as diversity, equity, and inclusion (“DEI”) initiatives, the conflict in Gaza, gender-affirming care, freedom of religion, abortion and reproductive rights, and immigration policies. Statements made against or in favor of groups sensitive to these issues could rise to the level of discrimination under Title VII and should not be tolerated in the workplace during working time or in work areas regardless of the political positions involved.

National Labor Relations Act- Right to Discuss Workplace Conditions

Another law that often comes into play is the National Labor Relations Act, which protects employee rights to discuss workplace conditions, wages, and benefits. Even if they are not a member of a union, employees can discuss issues such as increased wages, benefits, union organizing, and better working conditions. So, for example, if employees are discussing the political movement to increase the federal minimum wage, that discussion could be protected under the National Labor Relations Act.

Louisiana’s Political Activities Law

Louisiana also has a rarely-used law that prohibits employers from adopting any policy preventing its employees from engaging or participating in politics or from becoming a candidate for political office. Further, the law prohibits employers from controlling or directing the political affiliations or political activities of its employees in the exercise of political rights. The law carries criminal penalties for violations.

While several laws are at issue regarding political discussions at work, the safest course is to make the workplace as free from political discussions as possible within the boundaries of the law.

Political Discussions at Work: Between a Ballot Box and a Hard Place

With a presidential election days away, political discourse is in full swing, and likely will not end after the election is over. As with every election cycle, such political discussions can come into the workplace and lead to conflict between employees on different sides of the political spectrum. What is an employer to do?

There is no perfect answer here and employers take many different approaches to this issue. Some openly choose a political candidate or stance, with CEOs actively campaigning on their preferred candidate’s behalf. Prime examples of this include Elon Musk, who has not shied away from his support of former President Donald Trump, while the executive chair of Netflix, Reed Hastings, has announced his support for Vice President Kamala Harris. Other employers make every effort to remain a-political, not supporting any candidates or issues and simply continuing to do their work to contribute. With many different options available, employers need to know the laws at issue in order to best decide how to handle political discussions at work.

Federal and State Anti-Discrimination Laws

Federal and State laws prohibit discrimination in the workplace regarding protected characteristics such as race, religion, national origin, gender, sexual orientation, gender identity, and ethnicity. While “political party” is not a protected characteristic, it is easy to see how certain politically charged issues in this election can lead to protected characteristics, such as diversity, equity, and inclusion (“DEI”) initiatives, the conflict in Gaza, gender-affirming care, freedom of religion, abortion and reproductive rights, and immigration policies. Statements made against or in favor of groups sensitive to these issues could rise to the level of discrimination under Title VII and should not be tolerated in the workplace during working time or in work areas regardless of the political positions involved.

National Labor Relations Act- Right to Discuss Workplace Conditions

Another law that often comes into play is the National Labor Relations Act, which protects employee rights to discuss workplace conditions, wages, and benefits. Even if they are not a member of a union, employees can discuss issues such as increased wages, benefits, union organizing, and better working conditions. So, for example, if employees are discussing the political movement to increase the federal minimum wage, that discussion could be protected under the National Labor Relations Act.

Louisiana’s Political Activities Law

Louisiana also has a rarely-used law that prohibits employers from adopting any policy preventing its employees from engaging or participating in politics or from becoming a candidate for political office. Further, the law prohibits employers from controlling or directing the political affiliations or political activities of its employees in the exercise of political rights. The law carries criminal penalties for violations.

While several laws are at issue regarding political discussions at work, the safest course is to make the workplace as free from political discussions as possible within the boundaries of the law.