Political expression by employees takes many forms—from friendly office banter to shouting matches that disrupt the workplace. Off-duty political expression can run the gamut, too, from yard signs supporting certain causes or candidates to unlawful activity, such as what the nation witnessed on Jan. 6 at the U.S. Capitol building.
When can employees who've engaged in disruptive political expression be disciplined? Employers must tread carefully, as there are constitutional protections for public-sector employees and some state law protections for private-sector workers. But employees who break the law, violate an employer's policy, disrupt work or harm an employer's reputation all may be subject to discipline, including termination, legal experts say.
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Firing Workers When Political Expression Goes Too Far
SHRM | Jan 2021
Questions and Answers on Employment Issues During External Protests
SHRM | Jun 2020
What to Do If an Employee Is Arrested During a Protest
SHRM | Jun 2020
When Employees Become Activists
SHRM | Jun 2020
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Can Employees Be Fired for Off-Duty Conduct?
Firing for Online Behavior
Minding Employee Behavior Off the Clock and Off the Premises
SHRM | Various dates
Discrimination Laws Regarding Off-Duty Conduct
National Conference of State Legislatures
Law Firm Articles
Can Employers Fire Rioters? Employers’ Rights in Policing Employee Off-Duty Conduct and Employment Law Consequences of the Capitol Riots
Ogletree | Jan 2021
Can Employers Terminate for Off-Duty Conduct (Say, Like Storming the Capitol)?
Shawe Rosenthal | Jan 2021
Employers' Response to Racial Unrest
Ford Harrison | Jun 2020
Political Speech, Conduct & Activity in the Workplace Amid A Social Justice Movement
Bradley Arant | Jun 2020
An Employer's Guide to Navigating Offensive Off-Duty Employee Conduct
Miles & Stockbridge | Jun 2020
What Can You Do About an Employee's Off-Duty Social Media Posts?
Felhaber | Jun 2020
Protest Attendance and COVID-19 Concerns
Employers should continue to follow their internal practices regarding screening employees for COVID-19 infection in the workplace regardless of the employee's participation in protests. Asking employees about their lawful off-duty conduct and/or denying work due to such conduct could be problematic. Instead, employers may want to give employees the ability to take paid time off or to work remotely after engaging in activities where social distancing isn't observed.
Questions and Answers on Employment Issues During External Protests
SHRM | Jun 2020
Employees and employers are concerned about whether those employees who are taking part in protests risk infecting their coworkers with COVID-19.
Preparing For Protesters To Return To Work: Employer Do's And Don'ts
Fox Rothschild | Jun 2020
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