Politics at the Water Cooler: An Employer’s Guide to Navigating Political Speech in the Workplace
From the inauguration of the new presidential administration to the conclusion of the recent government shutdown, we saw no shortage of consequential political events in 2025. Many employers have noticed an increase in political discourse in the workplace as they try to balance: (1) offering employees the freedom to express their political beliefs; (2) avoiding division in the workplace that may result from such expression; and (3) complying with applicable state and federal laws. This alert offers a brief guide for employers on the laws that could be implicated when political speech enters the workplace, as well as the steps employers can take to be prepared when the time arises.
1. Potential Laws Implicated by Political Expression
a. Labor laws
Labor laws such as the National Labor Relations Act (“NLRA”) generally protect employees’ right to act collectively to improve the conditions of their employment. These actions occasionally intersect with political expression. For example, there have been several cases in the past few years where employees argued that their support for the Black Lives Matter (“BLM”) movement (such as by donning BLM messaging at work) constituted protected labor activity. The results of these cases were mixed and largely depended on the specific facts and circumstances of each case. This past November, the Eighth Circuit Court of Appeals considered whether a Home Depot store violated the NLRA by banning BLM messaging on its employees’ aprons. The Court determined that it did not, but its decision was based on a narrow “special circumstances” defense that evaluated the context of that moment in time and particular employer. Consequently, employers should be aware that employees’ political expression might implicate their labor rights if their expression could be seen as a collective effort to address their working conditions.
b. Anti-discrimination laws
Anti-discrimination laws generally protect employees from adverse employment actions levied against them due to their status in a lawfully protected category. Title VII of the Civil Rights of 1964 (“Title VII”), specifically, prohibits discrimination, harassment, and retaliation based on protected categories such as race, color, sex, sexual orientation, gender identity, national origin, and religion. It is no secret that these protected categories are oftentimes the topics of political discussions. Accordingly, employers’ reaction to an employee’s politically charged speech might also be considered a reaction to that employee’s status in a protected class. This, in turn, could lead the same employee to believe they are receiving unfair treatment because of their status in a protected class.
c. State laws
Employers—particularly multi-state employers—should always be aware that unique state laws may apply to their employees. Many states have laws that address employees’ political expression in the workplace. For example, in South Carolina, employers are prohibited from discharging employees for their political views. North Carolina has a comparable state law, but it only applies to public employees.
2. Proactive Steps for Employers
a. Determine tolerance for political expression in the workplace
Employers should first determine how high their tolerance is for political expression in the workplace. Some employers may prefer to be more tolerant to allow employees to express their opinions freely and openly. However, they might find that this leads to dissension amongst employees, as well. Employers with a lower tolerance might find that employees are dissatisfied with a workplace that doesn’t allow them to express their political opinions freely and openly. In any event, political expression that is disruptive, disrespectful of co-workers and their views, or is discriminatory in nature should not be allowed in the workplace.
b. Draft and revise employment policies
Employers should review their handbooks and policies that may be implicated by political expression in the workplace. Some common policies include equal employment opportunity and anti-discrimination policies, solicitation and distribution policies, workplace conduct policies, dress code policies, and social media policies. These policies should be consistent with the employer’s tolerance for political expression in the workplace, in addition to complying with state and federal laws, particularly the NLRA’s right to engage in protected concerted activity.
c. Train employees—particularly supervisors
Employers should ensure that all employees, and particularly supervisors, are trained on policies that could be implicated by political expression in the workplace. Employers should also train their supervisors to properly handle tense interactions that result from political discussions and any complaints that might arise therefrom. Finally, supervisors should be trained to enforce employers’ policy consistently with respect to all classes and categories of employees.
d. Consult with Attorneys
As always, employers should consult with counsel for guidance on how to achieve the right balance for offering a tolerant work environment that allows for political expression while complying with state and federal laws. Counsel can help draft or revise policies, train employees, and counsel supervisors. Counsel can also keep employers availed of significant legal updates that could impact workplace discussions about politics.
If you have any questions about how to handle political expression in your workplace, please contact a member of the Brooks Pierce Labor and Employment team for assistance.