In the United States of America, there is no escaping politics. Discussions of politicians and political issues are everywhere you turn, be it on TV, radio, or social media platforms like Facebook and Twitter. Politics is a hot topic even in homes. Therefore, it makes sense that people want to discuss politicians and political issues in the workplace. However, as an employee, you may wonder what rights you have to speak about political matters in the workplace. You may wonder what rights your employer has to limit or restrict such speech. You may be asking, “Can an employer fire me, discipline me, or otherwise take adverse action against me for discussing politics in the workplace?” The answers to all these questions largely depend on whether you are a public or private employee. Read on to learn more!
Public Employees and Discussing Politics in the Workplace
If you are a public employee, the First Amendment of the U.S. Constitution generally prohibits your employer from limiting your right to free speech or retaliating against you for political speech. The First Amendment applies to actions by or on behalf of the government. Since public employers are part of the government, they are bound by this rule. However, this does not mean public employees can say whatever they want without consequences.
As a public employee, you are prohibited from speaking in a manner that disrupts your employer’s ordinary operations. If your speech is so disruptive that it harms your employer’s business, your employer can take remedial action. You are also barred from engaging in speech that constitutes unlawful harassment. For instance, if your speech targets someone based on gender, age, race, or another protected category, it could land your employer into legal trouble under laws such as the New Jersey Law Against Discrimination (NJLAD) and Title VII of the Civil Rights Act of 1964.
However, in New Jersey, employers must allow employees to discuss issues that are a “matter of public concern.” Employers cannot bar such speech unless;
- The worker knowingly or recklessly makes false statements
- The worker claims to speak on behalf of the government rather than just themselves
Private Employees and Discussing Politics in the Workplace
The First Amendment does not apply to private employees since they are not government entities. Private employees generally do not have the right to discuss politics in the workplace. However, when regulating political speech in the workplace, private employers must apply their policies consistently. For instance, suppose an employer does not want employees to discuss protests related to social justice, such as the Black Lives Matter protests. In such a case, they cannot allow other political conversations. If they do, it could be a violation of anti-discrimination laws such as the NJLAD and Title VII.
While private employers are not bound by the First Amendment, they must follow some laws meant to protect employee rights. For instance, the National Labor Relations Act (NLRA) protects workers engaged in organizing and related activities, including discussing matters of political importance. Also, whistleblower laws protect workers who report unlawful or unethical activities.
Contact The Trabosh Law Firm
If you believe your employer has violated your rights, contact our skilled New Jersey employment lawyer at The Trabosh Law Firm to learn about your legal rights and options.