Lawyers say bans on political speech in the workplace are impractical
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Lawyers say bans on political speech in the workplace are impractical

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While employers could theoretically ban political discussions in the workplace – with some exceptions – that doesn’t mean they should, according to attorneys at Duane Morris LLP.

Lawyers explained during a September 26 webinar that this could be problematic from a practical and cultural standpoint.

“From a practical standpoint, it may truly be unfeasible for employers to implement a rule or policy prohibiting political speech in the workplace, even assuming there is no National Labor Relations Board to worry about,” Christopher Durham, partner at Duane Morris said.

Because employees communicate on so many different platforms, such as email and instant messaging apps like Slack, it would be extremely difficult to monitor conversations taking place both online and in person, Durham said.

“If you can pull it off, it will probably be a full-time job,” Durham said.

Beyond feasibility, a ban on political talk could negatively impact workplace culture, he said. Many companies encourage employees to show up as their authentic selves to boost morale and engagement, and “banning political discussions could be seen as counter to the culture you’re trying to create and support,” Durham said.

He warned that doing so could make employees feel silenced and discouraged.

However, a recent study found that maintaining a job in politics comes with risks. Of 1,141 U.S. adults surveyed by Indeed and Harris Poll, 28% said they would consider it resign due to political differences.

To mitigate this risk, another employment lawyer previously suggested that HR professionals proactively resolve disputes by creating a craft policies and train managers to prevent problems.