With the 2024 Presidential Election happening next week, it is difficult to escape the constant barrage of political ads, yard signs, canvassers, telephone calls, texts, etc. You may even hear people discussing the election at work. While an employer’s first instinct might be to ask its employees to keep such matters outside the workplace or, even to jump in with its own political beliefs, employers in Connecticut must be aware of key laws which might affect their ability to engage in or limit such speech. Here are four things employers in Connecticut must be aware of regarding political speech in the workplace.
1. Connecticut is one of two states in this country which has its own state statute protecting political speech in the workplace. Connecticut General Statute 31-51q prohibits employers from taking adverse action against employees in response to: 1) the employee’s exercise of their first amendment rights; 2) an employee’s refusal to participate in an employer-sponsored meetings regarding political or religious matters; and 3) an employee’s refusal to listen to speech relating to an employer’s opinion on political or religious matters.
2. This may make it feel like, as an employer, you must let all employees engage in whatever speech they want so long as it relates to politics but that simply is not the case. Like all laws, there are exceptions to this statute as well; for example, employers may limit the speech or activity if it materially interferes with the employee’s job performance or the working relationship between the employee and the employer. While this is not a straightforward definition, it does provide some latitude for employers to protect the harmony in the workplace.
3. Federal law, via the National Labor Relations Board, protects some political speech as well. While Connecticut’s statute specifically concerns political speech - as opposed to the NLRB which has traditionally concerned itself with labor disputes and regulations, the NLRB has a much broader scope than most employers realize. Regarding political speech in the workplace, the NLRB specifically protects employees right to engage in “concerted activities” for the purpose of mutual aid or protection and recent NLRB decisions have defined “concerted activities” to include some political speech in the workplace.
4. As with almost every worker protection law, the most important thing an employer can do is apply the statute evenhandedly. A major pitfall for employers is when they start allowing some individuals to express political speech and limit that of others. This uneven-handed approach not only is more likely to draw a claim from an employee but it is certain to draw scrutiny from the agency or court the claim is brought before.
As with every employment decision, there are always many factors for an employer to consider, especially when it comes to political speech in the workplace. Whether you believe some sort of adverse employment action is required or whether you believe no action is necessary, it is always best to consult with your employment attorney to make sure you limit your liability exposure.