FIU – Center for Leadership

workplace by coworkers or peers due to their political views. There has been an uptick in political discussions and political volatility in the workplace in the wake of the COVID-19 pandemic and the 2020 presidential election. Further, SHRM found a quarter of U.S. workers (24 percent) have personally experienced political affiliation bias, including preferential treatment or undue negative treatment on the basis of their political positions or opinions, compared to 12 percent of U.S. workers in 2019.

Accordingly, HR professionals might want to consider developing or updating personnel policies covering the expectations of discussing politics in the workplace. There is a broad spectrum of issues employers can anticipate as a result of employees’ political speech or activities— ranging from discrimination, harassment, and retaliation claims to unfair labor practice charges to decreased employee morale and productivity. Although some employees may believe that their constitutional right to free speech provides wide protection, the First Amendment is actually somewhat limited. In fact, private employers have discretion to discharge or discipline employees for their speech. On the other hand, the First Amendment’s protections do extend to public-sector employers, making it more difficult for them to regulate employees’ speech. Even with private workplaces, several states have laws that protect employees from discrimination for political expression and other political activities.

ADVOCACY

According to SHRM’s website:

SHRM’s Advocacy Team (A-Team), composed of nearly 17,000 HR professionals is the core driver of positive workplace policy in action…The A-Team exists to provide

HR professionals opportunities to directly influence and advance workplace policy. A-Team members are positioned front and center in efforts to advance the interests of the HR profession in the development of public policy by federal and state governments. As a member of the A-Team, I have appreciated the legislative updates SHRM provides to its members along with useful template documents for communicating with lawmakers. Any SHRM member in good standing can join without a fee; visit https://advocacy.shrm.org/. HR professionals may also want to get involved through their local SHRM chapter. Many chapters have legislative directors that provide legislative updates and opportunities to meet with federal and state lawmakers.

Dee Anna D. Hays

HR Florida State Legislative Affairs Director And Ogletree Deakins Attorney-Shareholder Tampa, Florida deeanna.hays@ogletree.com