Managing Political Speech Inside and Outside the Workplace: Navigating a Regulatory Minefield

This CLE webinar will discuss to what extent employers may manage employee political speech inside and outside the workplace. Given the increasingly heated political environment that has spilled over into the workplace—going beyond angry social media posts and demonstrations to acts of political violence—counsel must know what federal and state laws may be implicated and how to guide employers through this legal minefield to minimize the risk of noncompliance.

In recent years, political tensions have grown exponentially beyond demonstrations and angry social media posts to include political violence. The work environment has been greatly impacted by this heated political environment, with employers left in a challenging position—balancing the rights of some to express personal political beliefs against the rights of others not to be discriminated against or to become objects of hate speech or conduct. 

Additionally, employers are now being targeted on social media for posts made by their employees as was the case following the recent shooting and death of a well-known political activist where some employers succumbed to public pressure and terminated employees because of their social media posts. In many instances, litigation has ensued.

Counsel must be able to help employer clients navigate the maze of federal and state laws that may affect how they manage employee political speech inside and outside the workplace and that may appear to have conflicting obligations in order to mitigate the risk of enforcement action and litigation. 

On the federal level, public employers have First Amendment considerations that may not otherwise apply to private employers. Additionally, the NLRA and Title VII could be implicated if the objectionable speech or conduct is related to workplace policies and/or is aimed at a protected class, even if the conduct occurs off duty. Yet, under the current administration's pro-employer, anti-DEI posture, counsel and their clients may wonder what to expect in the way of federal enforcement.

Additionally, several states have enacted laws that directly limit an employer's ability to address or limit political speech that occurs when an employee is not at work and that have their own anti-discrimination obligations.

Listen as our expert panel examines employer management of political speech inside and outside of the workplace and discusses how counsel may guide employer clients through this regulatory minefield. The panel will address applicable federal and state laws, discuss recent litigation, and offer best practices for compliance.