How to Navigate Election Season in the Workplace

2024 is an election year, and thus far, it has proven to be one of the most tumultuous in living memory. The election seems to be touching every aspect of American life, and the workplace is no exception. While it’s not unusual for coworkers to discuss politics at work, especially during elections, politics is a sensitive subject, and such discussions can easily result in workplace tensions. Employers and employees alike should thus familiarize themselves with their rights and responsibilities when it comes to election-related issues at work, and a Norfolk employment lawyer can help. 

Election-Related Issues to Consider 

Among the election-related issues that typically arise in the workplace, the following are some of the most common: 

Political Speech and Expression 

First Amendment issues often take center stage in workplaces during election season. Americans enjoy broad freedom to speak and express themselves as they wish without fear of official consequences. However, the key word there is “official”; generally, the First Amendment’s freedom of speech clause applies only to the government, not to private parties. As such, private-sector employers are free to restrict political and election-related speech and expression to the extent that they feel appropriate. However, just because employers can restrict political speech does not mean that they should; clamping down on speech in the workplace can lead to resentment, anger, and allegations of political discrimination (whether warranted or not). Instead, employers should update their employment policies to establish ground rules for civil discourse.

Political Discrimination

Political discrimination occurs when an individual is subject to disparate treatment based on their political beliefs or reputed political beliefs. While some states (plus the District of Columbia) prohibit employment discrimination based on political affiliation, Virginia is not among them. Nevertheless, allegations of political discrimination can be disruptive in the workplace, so employers should clarify their exceptions for employee behavior. 

Hostile Work Environment Claims 

A hostile work environment is one in which unwelcome harassment and discriminatory conduct create an atmosphere that a reasonable person would find intimidating, abusive, and intolerable. It typically arises in allegations of discrimination but could also potentially rear its head during an election year. For example, assume that a large portion of employees support a candidate who has made disparaging remarks about a particular group of people and those employees frequently repeat said disparaging remarks. If the conduct is severe enough, it could prompt an employee who is a member of that group to file a hostile work environment complaint. 

Voting Leave 

Virginia does not guarantee its residents time off from work to vote. However, Virginia Code § 24.2-119.1 provides that election workers may not be terminated or subject to disciplinary action due to their service at a polling place on election day, nor may they be required to use sick leave or vacation time for such service. 

Discuss Your Election-Related Concerns With a Norfolk Employment Lawyer 

If you’re concerned about the ramifications of the upcoming election on your workplace, you should consider speaking to an attorney to craft a game plan. To get started, please contact a Norfolk employment lawyer at Pierce / Jewett by calling 757-624-9323 or using our online contact form.