Retail Observer

RETAILOBSERVER.COM MAY 2017 38 I f the polls are any indication, we are a nation divided – from families and friends, to neighbors and employees. Heated discussions around the water cooler about healthcare, women's causes, gay marriage and the immigration travel ban are all too common Normally, companies can expect political discussions to slow down after the President's inauguration, but this election cycle is different. Opinions and passions are high. These discussions place employers in a tricky situation. You want your workers to be comfortable expressing themselves — but you also have an obligation to provide a peaceful, productive work environment. To complicate matters further, certain debates can easily cross the line into harassment or discrimination. LET'S TALK ABOUT FREE SPEECH Though it's true that employees have a right to freedom of speech, but this protection is limited in the workplace. Many people wrongly assume the U.S. Constitution and the Bill of Rights entitle them to express their political views whenever and wherever they wish. The reality is that application of the First Amendment in the workplace extends only to public-sector employers. Private employers are generally not required to accommodate throughout their businesses. Without the backing of the First Amendment, should private employers ban political activity? Not necessarily. Allowing a political free-for-all is not in your company's best interest, but neither is taking a strict stance against all political exchanges. In general, it's important to allow your employees to express themselves – for camaraderie and morale. Many of your employees are friends, so it's natural to talk about newsworthy events. However, these conversations should never disrupt the workplace or cross the line into harassment. AVOIDING HARASSMENT AND DISCRIMINATION As an employer, you're responsible for keeping your work environment safe and free of hostility. This includes protecting employees from badgering by politically driven coworkers. For example, this new administration is evoking strong reactions on a lot of sensitive issues, and employees may be divided along racial, religious, gender or class lines. They may also engage in workplace discussions that can easily shift from pleasant conversation to perceived harassment. Even worse, employees who are not allowed to speak their minds on these issues may claim discrimination. Political discussions should never be allowed to become heated debates over race, national origin, age, sex, religion or disability. Seemingly innocent remarks can be taken out of context or misrepresented later in a lawsuit against your company. WHAT CAN YOU DO? Private employers have the right to establish rules around political discussions and activities. Start with clear, specific policies that outline the conduct you want to prohibit so your employees know exactly what they may and may not do. Emphasize that violation of these policies or rules could lead to discipline. This helps set expectations and boundaries. Here are additional recommendations on how to maintain peace and productivity: • Discipline disruptions, but don't punish perspectives. • Take an "open door" approach with how employees are managed. You want to know about concerns or issues as soon as possible. • Adopt and enforce an anti-harassment policy that explains that harassment on the basis of any "protected classes" covered by federal, state and local law will not be tolerated. • Remind employees to excuse themselves from any discussions with coworkers in which they don't want to participate. • Seek legal counsel if a difficult situation arises. During this heightened political period, you want to take a balanced approach with your employees. Freedom of expression is essential, especially if you want a workplace that honors diversity, encourages new ideas and allows room for peaceful disagreement. At the same time, developing clear policies around political expression and activities can help prevent workplace conflicts and even employee lawsuits. Ashley Kaplan, Esq., Lead Compliance Attorney for ComplyRight www.complyright.com Ashley Kaplan Guest Columnist RO EMPLOYEES EXPERIENCING POLITICAL UNREST? How to restore peace and productivity in the workplace

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