Politics in the Workplace: Can Employers Regulate Free Speech?

Can Employers Regulate Speech in the Workplace?

Everyone has freedom of speech, but can your employer regulate what you say in the workplace or what you post on social media?

Cathleen Scott, board-certified employment attorney, spells out the balance between an employee’s individual freedom of speech and an employer’s duty to create a safe workplace.

When does free speech cross into problematic or discriminatory speech in the workplace?

It is not necessarily illegal to speak about politics in the workplace, and employees generally have certain protections when it comes to workplace speech. There can be a problem, however, when personal opinions become offensive or intrusive to others in the workplace, particularly if the comments are offensive based on a protected characteristic, such as race or gender.

An employer has a duty to create a safe workplace and may be within its rights to discipline or terminate an employee for political comments that could be considered harassment or discrimination.

This regulation of speech can also extend to what you post on social media, depending on the type of position you hold, the specifics of your employment, and whether your account is public or accessible to your coworkers.

If your social media activity becomes offensive to other employees, particularly based on a protected characteristic, your employer could have an obligation to take action to maintain a safe workplace.