Protects free speech from government interference but does not generally apply in private employment settings. However, some state laws may provide additional protections.
Toolkit: Managing Political and Social Expression in the Workplace
Gain clear and actionable expert guidance to manage political and social expression in the workplace and reduce related risks.
It's becoming increasingly difficult for employers to avoid workplace issues that arise from political discussion among employees. As workplaces become more diverse and interconnected, employees increasingly bring their values, beliefs, and causes into professional environments. Even if employers codify a "no politics" rule — something experts don't necessarily recommend — the realities of modern society mean that employees are bound to encounter some colleagues’ political or social expression in the workplace, on social media, or in other avenues.
This toolkit can help organizations thoughtfully navigate the complexities of employee expression. These actionable strategies help balance people's identities with organizational objectives, and they enable leaders to manage expression in ways that promote respect, inclusivity, and productivity.
Political Polarization in the Workplace
Arthur Brooks, professor at Harvard Kennedy School and Harvard Business School, emphasizes promoting civility in the workplace to counter political divisiveness, protect relationships, sustain productivity, and support societal unity in this episode of SHRM's Tomorrowist podcast.
Managing and Updating Policies
Reviewing and updating policies related to political expression to reflect modern ways employees connect may be necessary.
When tackling politics at work, start by setting guidelines for how employees treat one another, rather than being overly prescriptive about what employees can or cannot discuss. Make sure all staff members understand the standards of conduct your company espouses, emphasizing the importance of maintaining a respectful, inclusive, and productive work environment.
Private employers can restrict speech in the workplace, as employees’ First Amendment right to free speech does not apply in private employment settings. If your organization decides it’s necessary to set policy around political expression, consider drafting a prohibited political activity policy as well as referencing political expression in your organization's social media or dress code policy. Customize the templates below or use the handbook to set expectations for your workplace.
Pro Tip
To equip your organization to meet politically charged moments, make sure policies cover use of company resources or technology, use of social media, external communications, and a code of conduct.
template
Prohibited Political Activity Policy
Follow actionable guidelines for promoting a respectful work environment where employees feel valued regardless of their political beliefs.
TEMPLATE
Social Media Policy
Guide your employees and protect your organization’s reputation by emphasizing professionalism, compliance, and confidentiality.
TEMPLATE
Inclusion Code of Conduct
Gain practical guidance for crafting conduct guidelines that set clear expectations to foster respectful, equitable work environments.
HANDBOOK
Workplace Civility Handbook
Build a dynamic, positive, and productive workplace where all employees know they belong and have an opportunity to succeed.
PLAYBOOK
Political Conversations Playbook
Learn now to take control, proactively address political expression, and foster constructive dialogue while respecting diverse perspectives at work.
Have a question about politics in the workplace?
Employee Relations Strategies
Navigating political and social expression at work requires a balanced approach that supports open dialogue while maintaining a respectful and inclusive environment.
Political expression typically includes speech, attire, or displays supporting or opposing candidates, political parties, legislation, or social movements such as #MeToo. It is not quite the same as social expression, which may encompass advocacy on broader societal issues and sometimes overlap with politics or religion.
The following strategies offer actionable steps for managing political and social expression in the workplace:
Lead by example: Leadership should consistently model respectful communication and demonstrate openness to diverse viewpoints, setting the tone for workplace interactions.
Continuous education and development: Offer regular training sessions on empathy, civility, and conflict management to help employees navigate sensitive discussions with professionalism.
Recognize and reward civility: Implement programs that acknowledge and reward employees who exemplify respectful behavior and constructive engagement during challenging conversations.
Establish clear guidelines: Develop and communicate clear policies on behavior and acceptable conduct at work, as well as consequences for violations.
Facilitate civil conversations: Provide resources and tools — such as conversation starter kits and structured discussion formats — to encourage civil and productive exchanges on sensitive topics.
Proactively manage conflict: Equip managers with conflict resolution toolkits and support systems to address and de-escalate disputes arising from political or social discussions.
Pro Tip
Encourage civil conversations at work. Equip yourself with knowledge and understanding of the current state of civility and incivility in both the workplace and society at large.
Legal and Compliance Considerations
Employers must balance employee rights and job satisfaction with the duty to maintain a respectful, safe, and compliant work environment.
The following key legal frameworks and compliance considerations should inform any workplace policy or guidance on political and social expression:
Safeguards employees’ rights to "engage in concerted activities," including:
- Discussing workplace conditions, which can sometimes intersect with political or social issues.
- Walkouts or protests related to political issues, such as a bill to increase the minimum wage.
- Certain states (e.g., California, Colorado, New York) protect employees from discrimination or retaliation for lawful off-duty conduct, including political activity.
- Some states (e.g., Colorado and Connecticut) also provide limited workplace free speech protections.
- Some jurisdictions have broader protections for religious and cultural expression (e.g., New York City Human Rights Law and California Fair Employment and Housing Act).
- Some states protect employees’ rights to engage in lawful activities outside of work, including protest participation (varies by state).
- Many states protect employees’ rights to run for public office.
Many states restrict employer access to employees’ personal social media accounts, affecting how employers can monitor political or social expression outside work.
Prohibits harassment and discrimination based on protected characteristics: race, color, religion, sex — including sexual orientation and gender identity — and national origin, though notably, not political belief or affiliation. Requires reasonable accommodations for religious beliefs and practices, which can include attire and symbols.
Employers must provide a workplace free from recognized hazards, including workplace violence and severe harassment, and plan for safety during periods of political or social unrest.
Pro Tip
In recruiting, refrain from asking any interview questions related to politics to reduce the risk of potential liability and reputational damage.
Communications
Your company can effectively communicate rules for political and social expression in the workplace by developing clear, accessible policies and sharing them through multiple channels.
These key steps will help you communicate your policies successfully:
- Publication: Disseminate policies via employee handbooks, intranet postings, and targeted communications such as memos and town hall meetings.
- Establish reporting mechanisms: Communicate that employees should first consider reporting concerns to their direct supervisor or to HR. In addition, consider providing confidential reporting mechanisms via digital channels or hotlines for anonymous reporting of violations, including inappropriate conduct.
- Post reminders in common areas: Use concise, positive messaging to reinforce expectations. Update signage as policies evolve.
- Ensure confidentiality and protection against retaliation: Limit access to sensitive information to authorized personnel only using secure HR information or case management systems. Use encryption for digital records and ensure physical files are stored securely.
Pro Tip
By leveraging generative artificial intelligence (GenAI), you can draft clear and concise messages that reflect your organization’s tone and values.
Mitigating Risk and Responding to Complaints
Employers will want to balance a desire to allow employees to be their authentic selves at work with the need for a productive and civil workplace, avoiding policies that could be perceived as suppressing identity or fostering a hostile work environment. Consulting with diverse stakeholders helps identify potential pitfalls and unintended consequences.
- Stakeholder engagement and communication: Include diverse employee perspectives in policy development and offer accessible channels for questions and feedback.
- Training: Provide training on promoting civility in the workplace, having difficult conversations, managing conflict, and practicing empathy.
- Addressing complaints: Ensure you have a mechanism for responding to employee complaints about colleagues' comments or behavior. Follow best practices for workplace investigations.
- Review and monitoring: Track incidents and outcomes for trend analysis, benchmark against industry best practices, and schedule regular policy audits and updates.
- Legal and regulatory compliance: Monitor legislative changes that could affect how employers can police employee expression or conduct at work.
Pro Tip
Provide assurances of confidentiality to the greatest extent possible without guaranteeing complete confidentiality.
Conducting Workplace Investigations
Even the best-run organizations face situations that demand careful investigation — whether it’s addressing harassment, discrimination, or other workplace issues. These moments require HR professionals to act with precision, expertise, and confidence. Develop the skills to conduct fair and effective workplace investigations with the SHRM Workplace Investigations Specialty Credential.
Global Considerations
Creating a global policy for political and social expression in the workplace requires balancing legal compliance, cultural awareness, organizational values, and operational consistency to provide fairness and mitigate risk across diverse regions.
- Legal and regulatory compliance: Adhere to local laws and employment regulations in all countries where you operate.
- Cultural sensitivity: Adapt guidelines to respect regional attitudes and customs surrounding political and social topics.
- Align with organizational values: Reflect your company’s commitment to inclusion, respect, and brand reputation in policy language and enforcement procedures.
- Operational consistency and flexibility: Maintain clear, fair standards globally while allowing for local adaptations where necessary.
Pro Tip
Define company values with cultural sensitivity. Address employee participation in protests or rallies with respect to whether it may damage the organization’s image.
Expert Advice
SHRM provides HR leaders with expert guidance and frameworks to address political and social expression. These are valuable tools for HR pros and other leaders within organizations.
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Be A Catalyst for Cultural Change
This seminar for senior HR businss partners addresses leading cultural change, including navigating complex issues such as employee expression in the workplace.
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