It's safe to say 2024 is a big year in U.S. politics. With the election coming up and new headlines and poll results every day, many of us can help but talk about it, including with coworkers. However, some people say discussing politics at work is one of the quickest ways to get yourself in trouble with HR and even fired. But is that true? Can you get fired for talking about politics at work?
Some organizations encourage people to be themselves (as long as “being themselves” doesn’t translate to being disrespectful toward others). Some companies are less open, preferring that conversations about politics and other divisive topics are completely avoided—or even banned.
For this reason, work typically isn't the best place to bring up politics (and no, the first amendment won't help you there). We dive deep on what can happen according to the law, and also offer some tips on how to handle politics at work.
Can you talk about politics at work?
It depends on your employer's policies. Eric Kluger, former General Counsel at The Muse, explains the complicated nature of the First Amendment, pointing out that a common misconception is that it protects speech in any place. It doesn’t. That means a private employer is not prohibited from making rules or setting regulations about what is or isn’t appropriate for work discussions.
Politics, given its often polarizing effect, is easily one of those topics that a private organization could justly determine isn’t to be discussed while you’re on the company’s dime.
Is talking politics at work illegal? No—but the organization has the right to oppose it. According to the Society for Human Resource Management (SHRM), private employers are allowed to limit certain discussions at work as long as it doesn't violate the Section 7 of the National Labor Relations Act (NLRA) or any state laws. So, if your company's handbook says no, you technically can't. You won't go to jail for it, but you might face professional repercussions.
Can you get fired for talking about politics at work?
According to Helen D. (“Heidi”) Reavis and Deena R. Merlen, partners with the law firm Reavis Parent Lehrer LLP, the answer is, “It depends.”
For starters, where do you work? As Reavis and Merlen explained, you might work in a state where the law protects employees from workplace discrimination based on political affiliation or extends other protections that would tend to protect you from being fired for talking about politics.
Another variable is whether your political talk falls within the protection of the NLRA. Assuming that you and your employer are covered by the NLRA—which generally would be the case, with a few exceptions, as Merlen noted—it would be unlawful for your boss to fire you for participating in what the NLRA calls “concerted activity” for mutual aid or protection (like when workers speak among themselves about how they might improve the terms and conditions of their employment).
This sort of “free speech” right under the NLRA can overlap with talking politics at the office. For example, let’s say you’re speaking with co-workers about your company’s refusal to provide paid parental leave and you’re expressing support for Candidate A because you believe he’ll implement parental-leave policies that you and your co-workers stand to benefit from. Talking about this workplace issue is arguably your right under the NLRA—you are protected even though within the discussion you’re talking politics.
But then there’s the sensitive matter of not working when you’re supposed to be working, and mandated breaks aside, if you’re engaging in political chatting on social media or even just talking to co-workers throughout the workday, you could, technically, get called out for it by your boss. It may not be only because of the topic, but also because of it.
The takeaway? It’s a smart move to limit non-working activities throughout the workday, lunch or coffee breaks aside. You should also avoid indirectly talking about politics, such as wearing buttons, hats, or any apparel supporting candidates and such at the office.
How do I know my company's policies?
The best-case scenario is that during your onboarding, your organization provided you with a handbook with all the company's policies and guidelines laid out. If it didn’t, it’s a good idea to ask HR for some clarification so you know what’s allowed and what isn’t. It’s also a good idea to look beyond company policy and make sure you’re aware of your state’s laws to know what you and your employer can or can't legally do.
Even though you don’t retain all your first amendment rights in the workplace, there are a lot of protections. Some states even consider one’s political affiliation a protected class. The nonprofit Workplace Fairness can help you understand your rights and what laws apply to you based on where you live and work.
Discussing politics on social media and outside the office
What you do outside of the office is—mostly—your problem. However, even when you’re not working, you’re still representing your company, especially if your personal and professional information are displayed in social media profiles. This is why, in spite of some protections, it’s in your best interest to privatize any social media accounts you don’t want your employer to see.
Does this mean you must hide your personal political views completely? Though people have been fired because of social media posts before, you won't immediately get fired for discussing politics in personal profiles. However, as reported by Fast Company, employers can and often take action if an employee's posts violate company's policies and boundaries regarding offensive and bigoted speech, as well as other harmful political discourse that's not protected by the “concerted activity” rule under the NLRA.
Also, as political talk can grow heated, be mindful if your social media exchanges or other communications with co-workers. Even outside of work, you could potentially violate company policies about not harassing or bullying other employees. Some policies apply 24/7, not just from nine to five.
How to navigate politics at work (and outside the office)?
If you want to be involved and actively participate in supporting causes and people you believe in, you don’t have to abandon or dismiss your politics, you simply need to be smart about it.
For starters, when you’re at work, be at work—and make that your focus. “That’s why they call it work; someone else is paying you for your time, so be mindful of that,” Reavis says. In other words, don't talk politics at work if the topic isn't welcomed or allowed, even at lunch or break time, but especially during work hours.
When you’re out of the office, make the privacy setting your pal. If you’re going to marches or protests, don’t wear a T-shirt with the company logo or keep your badge on your neck. Make it clear you’re representing only yourself.
Keep the same energy for social media. Unless you work at a company that publicly supports a political cause, don't mention its name in social media discussions. Even better, don't mention it at all—your followers don't need to know where you work and there's no need to mix your social media persona with your professional persona.
You want to respect the company's guidelines to avoid getting fired and potentially burning professional bridges. “Both employees and employers should make more of an effort to put politics aside in pursuing shared goals and for the good of the company,” Reavis says. If everyone followed this sentiment, things might just be a lot less complicated.