Navigating Political Expression in the Workplace

Politics is an unavoidable topic, and discussions often spill over into the workplace. Employers face the challenge of creating policies that maintain civility while addressing employees' desire for self-expression. A common question arises: can employees wear political gear or display political paraphernalia in the office?

While certain political statements and images are generally permissible as long as they don't violate anti-discrimination or anti-harassment laws, employers ultimately have the right to dictate what is appropriate. This is similar to how they regulate work hours or dress codes. In the private sector, employees traditionally do not have First Amendment rights to express political views through office decorations or apparel.

However, the definition of what is considered political has broadened. If employees are uniting to improve working conditions—such as protesting discrimination—then what might be perceived as political apparel could be protected speech under the National Labor Relations Act (NLRA). This act offers protection even in workplaces without a labor union.

The challenge for employers is in defining "political speech" without being overly broad, which can create more problems than it solves. Instead, it's often more effective for employers to remind employees of existing anti-harassment and respectful workplace policies, taking action if there are complaints of unwelcome or offensive behavior.

Simple guidelines, like prohibiting names and images of politicians, political parties, and campaign slogans, can be a good starting point. Such prohibitions can help reduce the emotional intensity that often accompanies political expression. Permitting overt political statements can also be offensive to colleagues or incite arguments.

Employers should establish clear policies regarding political gear and paraphernalia, communicating and enforcing them consistently. These policies should apply to all workers, including remote employees participating in video calls. As a best practice, if a private-sector employer restricts political decorations or apparel, they should ensure the same restrictions apply to all other non-work-related decorations or apparel, such as those related to charitable causes, community events, religious organizations, or even sports teams.