How HR can guide a workplace through the 2024 election season.
Any election opens up the possibility for fraught conversations in the workplace, and a presidential election even more so. To help employers navigate potential turmoil wrought by political differences, law firm Fisher Phillips developed a guide of frequently asked questions.
The First Amendment’s free speech guarantee typically doesn’t apply to private employers disciplining employees for taking part in prohibited conduct. Certain political discussions impacting terms and conditions of employment would fall under the NLRA’s purview, while political activity that is unrelated to employment concerns would not be protected.
While federal antidiscrimination laws don’t directly protect political activity or speech, employers need to be careful when workers’ discussions involve race, color, sex, sexual orientation, gender identity, national origin, religion, age or disability.
Be consistent
Employers also must be consistent in how they handle political discussions to avoid the appearance of preferential treatment and you need to check state laws to see if taking action against an employee based on political action is permitted.
Promote civility
The best — and safest — thing an employer can do is to repeatedly encourage employees to “act civilly and to act with etiquette” when it comes to political discussions. While you might not be able to stop the conversations altogether, it’s important to set expectations on professionalism and appropriate workplace interactions.
The guide recommends training managers on how to identify and address heated conversations and designating someone in human resources or on the legal team who managers can call with questions.
How HR can guide a workplace through the fraught 2024 election season | HR Dive
Commentary by: Raylea Stelmach
Edited by: Jessica McIntosh
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