SCENARIO 6: A MANAGER MAKES POLITICAL STATEMENTS TO STAFF A supervisor frequently shares their personal political views in team meetings. Some employees feel pressured or uncomfortable. Legal Analysis When a manager shares political views with those who report to them, legal risks multiply significantly. Even if the statements aren’t explicitly coercive, the power dynamic can create the perception of pressure, especially if employment decisions follow. Employees may feel silenced or retaliated against for not agreeing with their manager’s views. From a legal perspective, such speech could open the door to claims of discrimination, retaliation or hostile work environment, especially if the political commentary touches on race, religion, gender identity or national origin. Managers are held to a higher standard because their words are presumed to carry the weight of the company. Employer Guidance • Train your leadership team. Make it clear that managers should avoid discussing personal politics with subordinates and must never appear to favor or disfavor anyone based on political alignment. • Create reporting channels. Ensure employees can safely raise concerns about inappropriate speech by supervisors without fear of retaliation. • Respond swiftly. If a complaint arises, investigate promptly and document the findings. Corrective coaching is often sufficient, but more serious consequences may be needed in egregious cases. • Model the right tone. Culture starts at the top. Your leadership team sets the example for respectful, inclusive communication across the company. WHAT EMPLOYERS SHOULD DO NOW The legal landscape surrounding employee speech is more complex than ever. While you have significant discretion to shape workplace norms, that discretion is bounded by state laws, federal protections and public expectations. A one-size-fits-all approach won’t cut it. Here’s what your business can do now to stay out of the crossfire: • Audit your policies on political expression, conduct, social media and dress code. Make sure they’re clear, enforceable and compliant. • Train managers to handle political tensions respectfully and neutrally — and avoid injecting their own views into the workplace. • Monitor enforcement for bias. Whether it’s discipline, messaging or investigations, make sure all actions are consistent across the board. • Prepare for protest-related absences. Have a contingency plan for potential walkouts or disruptions linked to national events. • Get legal support early. When in doubt, loop in your counsel, especially in high-visibility or legally gray situations. CONCLUSION Make sure you are subscribed to Fisher Phillips’ Insight System to get the most up-to-date information on the issues discussed in this insight. If you have questions about these issues, please contact your Fisher Phillips attorney or any member of our Labor Relations Group. Also, make sure to visit our New Administration Resource Center for Employers to review all our thought leadership and practical resources. This article was originally published on fisherphillips.com. To view it, scan the QR code. https://www.fisherphillips.com/en/news-insights/politics-protests-and-posts.html NCDA.COM 23
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