Written by Robin Shea from Constangy Brooks Smith & Prophete LLP on September 13, 2024
Election Day is almost upon us, Gentle Reader. Behave!
Dear Miss Mannerly:
My employees have strong political views, and since the Presidential debate the other night, they are out of control. They are split about evenly between Democrats and Republicans, with a smattering of “undecideds” and third-party supporters mixed in. I know it’s unrealistic to ban all political talk in the workplace, but do you have some rules of etiquette that I can share to keep them from each other’s throats?
I can’t stand the thought of having to endure this until November 5! Thank you for any help you can provide. DESPERATE SUPERVISOR
Gentle Reader: If you will forgive her for quoting from a politician, please be assured that Miss Mannerly feels your pain, and that you are far from alone. She cannot guarantee that the following five rules will eliminate all disruptive political discussion in the workplace, but she humbly hopes they will be of some assistance to you:
No. 1: Familiarize yourself with your laws. Miss Mannerly hopes that you will indulge her one point that is not etiquette-related. It is very important for employers to know the laws that apply to them and to their employees. Employers in the public sector must not violate their employees’ First Amendment rights. Moreover, there are a smattering of states that prohibit even private sector employers from taking adverse action against employees because of the employees’ political beliefs or activity. California immediately comes to Miss Mannerly’s mind. Determining whether any of these laws apply to you as an employer or to your employees would be a recommended first step.
Miss Mannerly also notes that the state laws generally apply based on where employees work, not where the employer is based. Therefore, if you have many facilities — or have a large remote workforce — you will, unfortunately, have that many more laws up with which to keep.
Miss Mannerly’s remaining four rules are truly etiquette-related.
No. 2: Silence is golden. Unless the employer is a campaign or political action committee, employees should understand that it is not essential that their co-workers know where they stand on every political issue of the day, or on who they believe should be sworn into office in January 2025. It is not a contradiction in terms for one to have strongly held political beliefs, on the one hand, and to choose to refrain from sharing those beliefs with everyone they encounter, on the other.
No. 3: Political evangelization is a workplace faux pas. This is related to point No. 2. Employees who find themselves unable to follow No. 2 should confine themselves to quietly expressing their views only with like-minded co-workers. Miss Mannerly says “quietly” because a spirited political discussion in a workplace is likely to be overheard by someone who does not share the speaker’s predilections. The workplace is not the place for political evangelization. Employees who confine their political remarks to sympathetic co-workers — and who do even that in a private manner — are much less likely to create the disruption that you reference.
No. 4: Political pressure from employers is particularly distasteful. Employers, unfortunately, are sometimes the most egregious offenders of Miss Mannerly’s rules for political decorum in the workplace. It pains Miss Mannerly to note that employers themselves have been known to pressure their employees to vote a certain way on candidates or issues of the day. Such pressure coming from an employer is generally ill-received by employees, and may even motivate them to move into the opposing camp out of spite. Such pressure may even be unlawful in some jurisdictions. That having been said, limited exceptions may apply to political measures that threaten the viability of the employer’s business and thus could deprive the employees of their gainful employment.
No. 5: Display respect to those with whom one disagrees. Miss Mannerly feels sure that everyone, regardless of political leaning, has at least one dear and respected friend or beloved family member with opposing political views. Employees would do well to imagine that friend or family member when interacting with co-workers with whom they disagree. Miss Mannerly hopes that it is unnecessary for her to note that referring to individuals with opposing views as “MAGATS” or “Communists” is hardly a sign of respect.
Miss Mannerly has one final note. In the event that an employee forgets the foregoing rules and enters into a political dispute with a co-worker, the employee may often be able to defuse the situation by saying with a (genuine) smile, “I don’t agree, but I still think you’re a great person, and I really enjoy working with you.” Or verbiage to that effect. And then enquiring about the co-worker’s progeny, or the major sporting event that occurred on the prior weekend.