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Keeping politics out of the workplace? Plan ahead to avoid legal issues!

By Brian Kelly on September 17, 2020
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As the November election draws closer, employers are facing the daunting challenge of keeping peace among employees with differing political affiliations. One approach to this challenge involves simply banning certain types of political expression in the workplace. While this approach can work well if it is done correctly, it can cause significant legal issues if it is not. As with all employment issues, proper planning is the key to success.

One way to start taking political disputes out of the workplace is by prohibiting hats, buttons, clothes and banners supporting specific political parties or candidates. It is perfectly legal for private sector employers in Ohio to prohibit all of these items, despite misguided ideas by some employees that they have First Amendment rights in a private sector workplace.

Private sector employers who decide to prohibit political hats, buttons, clothes and banners should take the following steps:

  • Develop a specific, written policy that identifies the items that are prohibited and the consequences for violating the policy;
  • Provide the policy to all employees and clearly explain its terms;
  • Identify a point person responsible for fielding and addressing reports regarding violations of the policy; and
  • Perhaps most importantly, apply the policy consistently, since applying a policy like this inconsistently could lead to claims of discrimination and unfair treatment, and will almost certainly lead to disputes among the impacted employees.

Employers in unionized settings should also determine whether they are required to bargain with their union before implementing the policy. Failing to bargain with a union when required can result in unfair labor practice charges before the National Labor Relations Board.

The key message with a policy of this nature should be that each employee is entitled to support whatever party or candidate they wish to support, but work time is for working, not for campaigning.

Photo of Brian Kelly Brian Kelly

Brian is the Chair of the firm’s Labor and Employment Practice Group and is named to the prestigious Chambers USA: America’s Guide to Leading Lawyers for Business in the area of Employment and Labor.

Brian focuses his practice on the representation of management…

Brian is the Chair of the firm’s Labor and Employment Practice Group and is named to the prestigious Chambers USA: America’s Guide to Leading Lawyers for Business in the area of Employment and Labor.

Brian focuses his practice on the representation of management in all phases of labor relations and employment litigation. Brian regularly represents employers in litigation before federal and state courts, administrative agencies and arbitrators involving employment discrimination and harassment, wrongful discharge, theft of trade secrets, breaches of non-compete agreements and other employment contract topics. Brian also has extensive experience counseling employers on employment topics ranging from FMLA and ADA compliance to reduction in workforce planning and implementation. In the labor relations area, Brian has significant experience in collective bargaining negotiation, union avoidance techniques and strike disputes. Brian has also developed and implemented personnel policies and in-house training programs on a variety of labor and employment law topics.

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  • Posted in:
    Employment & Labor
  • Blog:
    Labor & Employment Law Navigator
  • Organization:
    Frantz Ward LLP
  • Article: View Original Source

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