Welcome to the Business Journal Archives
Search for articles below, or continue to the all new BusinessJournalDaily.com now.
Search
"Politics, Work Don't Always Mix"
"WASHINGTON -- As the 2004 presidential campaign heats up, so may tempers on the job. Talking politics at the office already has caused well-publicized incidents, including an Alabama woman claiming she was fired for refusing to remove a campaign bumper sticker. In fact, many people wrongly assume the U.S. Constitution and the Bill of Rights entitle them to express their political views whenever and wherever they wish, say attorneys at Litter Mendelson, the nation's largest employment and labor law firm.But in reality, workers at private-sector companies who are employed at will -- or those not covered by a contract or labor agreement that says otherwise -- generally can be terminated for their political beliefs as long as their dismissal complies with employment statutes and does not run afoul of other state-law guarantees, said Peter Susser, partner in Littler Mendelson's office here. "The Bill of Rights, including the First Amendment's protections of free speech, does not apply directly to private-sector entities," he said. "Tension and conflict often result when employees lack direction and are confused about what they can and cannot say and do."Employers generally have the right and responsibility to ensure that work environments are safe, are free of hostility and conducive to productivity, Susser said. That includes protecting their employees from being badgered or pressured by overzealous political advocates. In many cases, employers have the legal right to limit or prohibit political expression during work hours. Even in states with laws protecting political expression, employers still retain broad powers to restrict workday activities to business pursuits.According to Susser, private employers can:Limit employee political activities that have an impact on the workplace by implementing rules prohibiting various activities, like political campaigning during business hours.Enforce general, uniform rules about employees' personal appearance or work-area decor -- making sure all employees are treated equally. For example, retail workers who come into contact with customers can be prohibited from wearing political campaign tee shirts or buttons.Adopt and enforce "no-solicitation/no-distribution" rules, which limit soliciting support for and distributing literature about various types of non-work activities, ensuring that they are applied to political campaigning. The rules should be applied in a uniform and evenhanded way, but should not be so overbroad as to prohibit protected activities, such as the right of workers to discuss union-related issues on non-work time in non-work areas.Adopt and enforce policies dealing with workplace technology, including the restriction of e-mail to work-related activities. In this way, employers can declare political campaigning using company e-mail to be off limits."Employers are allowed to adopt these practices in the interest of their company's efficiency and to keep employees focused on the job," Susser said. "It's probably prudent to keep politics out of the workplace during business hours." The rules for public-sector workplaces are different. Government employees do have certain rights to political expression on the job because the U.S. Constitution and Bill of Rights relate to actions by the government, including those taken in the role of "employer." Even in such settings, however, there are statutes and regulations that may limit political activities of public employees, both on the job and -- in some cases -- off- the-job, Susser noted.Littler Mendelson has more than 400 attorneys in 28 offices nationwide.Visit Litter Mendelson: www.littler.com"