Election Day is quickly approaching (November 5, 2024) in what is shaping up to be a very close race centered around very divisive issues. As you can expect, political talk with discussions about candidates will naturally make its way into the workplace.

Employees will express opinions with colleagues as typical water-cooler talk in the morning and lunch break chatter. Managers and company leaders want to encourage positive discourse while being sensitive to those who may be impacted by potentially offensive speech. Although forbidding political discussions in the workplace would not violate anyone’s First Amendment rights to free speech (reminder: the First Amendment prohibits the government from limiting your speech, not private companies), absent certain controls in place, political conversations can quickly become disruptive and out of sync with company policies and behavioral expectations.

Just recently, RKW’s Labor & Employment Partner, Laura Rubenstein, discussed how an employee’s “political affiliation” is a protected category in Washington, DC and several Maryland counties. With so many issues in this upcoming election leading to the possibility of people being offended and incensed, it is a good idea for companies to set the right tone to ensure that toxicity does not make its way into the office. Here a few tips as we approach Election Day:

1. Encourage respect and positivity. Managers should remind staff that they must treat others within the company with respect, refrain from offensive speech, and that the company does not tolerate discrimination of any kind, including religious, racial, or gender based political rhetoric. Remind staff that debate is acceptable but arguing is not and that while the company doesn’t intend to hinder healthy dialogues, it has an interest in minimizing disruption and maintaining a positive culture. This will serve as an opportunity to encourage and foster a positive work environment.
2. Communicate your company’s policies. Review with staff the relevant company policies in this regard (e.g., discrimination, anti-bullying and anti-harassment, etc.) and explain clearly the consequences for violations. You should also review your company’s policies on communicating to management any prohibited conduct, including any open-door policies so that if something was perceived as being offensive, it can be timely and appropriately addressed.
3. Maintain trust in leadership. Managers and business leaders often influence staff and that is centered around trust in leadership. Managers and team leaders should be cautioned from sharing personal opinions to avoid the possibility that staff who hold different beliefs could be left feeling isolated or that disagreement could lead to disruption in their working relationship. Such communications should be presented appropriately and, preferably, only when necessary.
4. Go vote! Remind employees that voting is the best way to express their opinion. Take this opportunity to review with staff the company’s policy on using leave to take time off from work to vote.
5. Consult with your legal counsel. If your company does not have defined policies in this regard, or if your HR director has questions about the best way to handle these sensitive issues, contact your company’s corporate counsel for additional guidance.