Berger Kahn Partner Erin Mindoro Ezra, Of Counsel George P. Albutt, and Associate Robin L. Reikes discuss the legal protections for political speech in the workplace and how employers can mitigate risk and remain compliant in accordance with state and federal regulations in their recent article “Free Speech At Work? How Employers Can Regulate Political Discourse.”
While the First Amendment protects public employees, it is not applicable to private employers and their employees. As a result, political speech that potentially impacts job performance or productivity can be regulated in the workplace in accordance with federal and state laws. The National Labor Relations Act (“NLRA”) prohibits employers from barring and disciplining non-supervisory employees who engage in “concerted activity” regarding workplace conditions and wages, but political speech can overlap with these topics, making this issue more complex and nuanced.
This article highlights the intricate balance employers confront trying to maintain productivity and workplace order, and err on the side of caution to minimize risk of potential implications or legal liability.