6 Ways HR Can Prepare for Workplace Issues Arising from External Protests

No workplace is immune from the effects of external protests on employee relations, including those regarding political candidates, civil rights issues, climate change, privacy and others. HR can take steps to prepare for and quickly respond to workplace-related issues to set expectations and reduce impact

1. Understand free speech. Many disruptions derive from employees thinking they have the right to free speech in the workplace. Be prepared to explain that the First Amendment only prohibits the government from restricting free speech, not private employers, and, therefore, the company can set its own expectations for the workplace.  

Employees do have the right to protected concerted activity under the National Labor Relations Act, which would allow them to discuss the terms and conditions of their work with one another. Protested issues could include those that affect working terms, such as debates about health care; If so, employees must be allowed to speak on these issues.

2. Review policies. Ensure your workplace behavior policies are applicable to protest-related issues, such as using specific definitions where possible. These should set the expectations for employees in a clear manner, being careful not to adopt overbroad work rules that chill employees' exercise of their rights to concerted protected activity under the National Labor Relations Act. Example policies include:

• Conduct/civility—work with legal counsel to define what “civility” means to establish expectations that are lawful. Additionally, involve employees in the definition so they can take ownership and be accountable. 
  

• Harassment/bullying—include expectations to lawfully respect those who choose or do not choose to protest or whose beliefs are different.

• Social media—work with legal counsel to set expectations regarding what content is acceptable for employees to post on social media.

• Dress code—define terms like "inappropriate" dress, including slogans or graphics on apparel, as approved by legal counsel.
  
• Office appearance/decorations—determine what type of personal decorations at workstations are allowable or not, including religious and political slogans or graphics.

3. Review employee assistance programs (EAP). Protests can invite stress into both family and work life. Depression and anxiety may be heightened, and additional support from the EAP could be a lifeline. Review your policy for:

• Coverage—are both employees and family members covered?
• Are there new offerings or specialized resources available you could add?

4. Train managers. Supervisors will need the tools and skills to manage disruptions and promote civility at work. Whether training is outsourced or developed in-house, topics might include:

• Setting conduct expectations for the team.
• Monitoring employee interactions for charged exchanges.
• Disciplining behaviors, not opinions.
• De-escalation training.
• Empathy and listening skills.
• Handling disruptions in the workplace—when to send an employee home, contact HR, etc.
• State off-duty conduct laws that may limit employment actions.

5. Prepare messaging and communications. As specific events arise, work with others in senior leadership to determine organization stance (if any) and messaging guidelines. Remember to:

• Communicate as needed to managers and employees, ensuring they are not the last to know where the organization stands.
• Create a safe space for employees to discuss, ask questions and provide feedback in a manner that is respectful to all.
• Develop HR-related social media messaging, if appropriate, to align with the employment brand.

6. Have ready answers. There are common questions and issues that arise from employees taking time off to protest to understanding when employees may be disciplined as it relates to protesting. Review SHRM's Questions and Answers on Employment Issues During External Protests to help you respond appropriately.