Water cooler gossip is a time-honored tradition in the American workplace; however, this is an election year. Office banter that is usually light and friendly can quickly become hostile and contentious. In extreme circumstances there could be legal repercussions. Therefore, setting a few boundaries are in order.

1. Management should never take part in political discussions at work. Personal opinions can easily be confused with company policy, especially when they come from supervisory or executive employees.

Why should this be of concern? The nature of some of the issues in this election makes it a concern. For example, it is well-known that the current administration counts organized labor among its strongest supporters. If a manager blurts out “Obama is in the pocket of the unions” or “Washington wants everybody to join a union,” those kinds of remarks could be interpreted as indications of anti-union bias and used as evidence in legal proceedings.

2. Company policies regarding civility in the workplace should be enforced. Most employers have rules of conduct that forbid the use of abusive or threatening language in the workplace. Political discussion can become heated and personal very quickly. The First Amendment does not give anybody the right to bully, insult or demean anybody else in the workplace. Managers should move to curb all such abuses immediately.

3. The workplace should not become a site for political rallies or fundraisers. Most companies have “no solicitation or distribution” rules that forbid employees from requesting donations or passing out literature in the workplace. Such rules should be strictly and impartially enforced.

4. All rules should be enforced in an even-handed manner. It doesn’t matter whether the offender is Republican or Democrat, liberal or conservative; the workplace is for work, not political debate. Tell your employees to leave their soap box at home.

Perry Heidecker is senior counsel for Milman Labuda Law Group PLLC, Lake Success, N.Y. The firm is a full-service Employment Law practice focused on counseling, preventive advice and training, policy and procedure design, representation before administrative agencies, litigation, and appeals.




POSTED ON: 9/20/2012