Elections Issues: Disciplining Employees for Their Political Activities
Author: Marta Moakley, XpertHR Legal Editor
Disciplining employees for workplace political activities, such as engaging in political discussions or campaigning for a particular candidate, may appear to make good business sense. For example, workplace political discussions during a contentious campaign season may lead to co-worker bullying and harassment. To that end, employers may enforce existing work rules that address bullying, soliciting, computer use and communications.
However, employers should guard against unintended violations of an employee's constitutional or legal rights this election season. Some states specifically allow employees to engage in off-duty political activities, and to receive up to two hours of voting leave on Election Day.
While most private employees do not have constitutional rights to free speech for comments made in the workplace, public employees may enjoy additional protections under US and state constitutions. Public employers should note that, in some states, their employees may be entitled to additional leaves related to political activities.
Avoid infringing on employee rights by consulting the following documents.
Employment Law Manual
- Employee Management > Employee Communications > External Communications
- Employee Leaves > Other Leaves > State Requirements
- Employee Management > Employer Liability Concerns in Employee Management
- Employee Management > Employee Discipline > State Requirements
- Employee Management > Employee Handbooks - Work Rules - Employee Conduct
- Employee Management > Employee Handbooks - Work Rules - Employee Conduct > Work Rules Concerning Political and Charitable Activity and Employee Expression of Views
- Employee Management > Employee Handbooks - Work Rules - Employee Conduct > State Requirements
- Employee Management > Employee Privacy > State Requirements
- Employee Management > EEO - Discrimination > State Requirements
50-State Charts
Policies and Documents
- Political Activity Policy
- Employee Solicitation Policy
- Solicitation and Distribution Policy
- Social Media Policy
- Blogging Policy
- Computer, Email and Internet Use Policy
- Employee Conduct and Discipline Policy
- Communication and Information Systems Policy
- Horseplay Policy
- Telephone and Voicemail Policy
- Employee Conduct and Discipline Policy
- Progressive Discipline Policy
FAQs
- May an employer prevent employees from political campaigning at the workplace in support of a particular political party?
- May an employer prevent an employee from wearing a badge or t-shirt or otherwise displaying support for a particular political party at work?
- What laws protect an employee from discrimination?
- What can an employer do to prevent bullying in the workplace?