Does free speech TRUMP all other considerations in the workplace? What if workers HARRIS one another based on their political affiliation? Can an employer force employees to attend meetings designed to adVANCE its views on matters of public concern? Can an employee WALZ into a co-worker’s office and try to influence their vote?
Unlike other states, Connecticut has a specific statute that affords constitutional protections under the First Amendment of the U.S. Constitution and similar provisions of the Connecticut Constitution to employees in the private sector. This right protects employee speech on matters of public concern, provided the employee’s activity does not substantially or materially interfere with the employee’s bona fide job performance or the working relationship between the employer and the employee. In many cases, employees speaking on matters of public concern are protected from disciplinary action or termination of employment based on such speech. While this is not limited to political discourse, employers need to recognize they cannot penalize employees for speaking out about political issues, backing candidates the employer dislikes, and the like.
If the discourse is occurring when the employee should be working, the employer can address the fact that the employee should be working rather than talking about non-work-related matters, but should not treat political speech differently from other subjects. Employers should address the matter even-handedly, regardless of their personal views on the political speech at issue. Employees can be reminded that it is important to maintain professionalism and collegiality in the workplace, even if employees’ political views differ. Bullying and harassment should never be permitted. Employees must not be cornered by colleagues or badgered into unwanted debates.
Employers are also prohibited from disciplining or discharging (or threatening to do so) employees for refusing to attend an employer-sponsored meeting, listen to speech, or view communications whose primary purpose is to communicate the employer’s opinion concerning religious or political matters. (Legal challenges to this law are pending, but will not be resolved prior to Election Day.)
Finally, while many employers provide time off to vote, the Connecticut law requiring this time off expired and there is no longer such a requirement. While leave time is less needed in light of early voting opportunities, employers should follow their policies with respect to time off to vote.
Employers are often torn between efforts to maintain harmony in the workplace and honoring employees’ free speech rights in challenging situations. The labor and employment attorneys at Berchem Moses PC can advise in these difficult scenarios to help you reach a decision that best serves your workplace while complying with applicable laws.