Electoral Politics at Work: Keeping the Peace in a Difficult Election Cycle

The following article was provided by Berchem Moses PC. 

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Does free speech trump all other considerations in the workplace?

What if workers harass one another based on their political affiliation?

Can an employer force employees to attend meetings designed to advance its views on matters of public concern?

Can an employee waltz into a co-worker’s office and try to influence their vote?

Connecticut Law

Unlike other states, Connecticut has a specific statute that affords constitutional protections under the First Amendment of the U.S. Constitution and similar provisions of the Connecticut Constitution to employees in the private sector.

This right protects employee speech on matters of public concern, provided the employee’s activity does not substantially or materially interfere with the employee’s bona fide job performance or the working relationship between the employer and the employee.

In many cases, employees speaking on matters of public concern are protected from disciplinary action or termination of employment based on such speech.

Election day is coming up Tuesday, Nov. 5. For the first time in Connecticut, voters can go to the polls early beginning today. Learn more about when, where, and how to vote.https://t.co/817tLLK2GW#Connecticut #election #earlyvoting

— CBIA (@CBIANews) October 21, 2024

While this is not limited to political discourse, employers need to recognize they cannot penalize employees for speaking out about political issues, backing candidates the employer dislikes, and the like.

If the discourse is occurring when the employee should be working, the employer can address the fact that the employee should be working rather than talking about non-work-related matters, but should not treat political speech differently from other subjects.

Employers should address the matter even-handedly, regardless of their personal views on the political speech at issue.

Maintain Professionalism

Employees can be reminded that it is important to maintain professionalism and collegiality in the workplace, even if employees’ political views differ.

Bullying and harassment should never be permitted. Employees must not be cornered by colleagues or badgered into unwanted debates.

Employees can be reminded that it is important to maintain professionalism and collegiality in the workplace.

Employers are also prohibited from disciplining or discharging (or threatening to do so) employees for refusing to attend an employer-sponsored meeting, listen to speech, or view communications whose primary purpose is to communicate the employer’s opinion concerning religious or political matters. (Legal challenges to this law are pending, but will not be resolved prior to Election Day.)

Finally, while many employers provide time off to vote, the Connecticut law requiring this type of leave expired and there is no longer such a requirement.

While leave time is less needed in light of early voting opportunities, employers should follow their policies with respect to time off to vote.

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About the author: Rebecca Goldberg serves as senior counsel in Berchem Moses PC’s Milford office. She partners with human resources professionals and business managers to counsel them through the most challenging workplace situations, from harassment complaints to concerns about an employee’s mental or physical health. She frequently publishes articles to help employers keep up with new Connecticut and federal laws, providing timely practical guidance.