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Do employees have the right to express unpopular political views? 12-04-01

As this crisis continues, people are going to express their opinions about what happened and what is the appropriate response. Employees do not have the right to discuss non-work related issues at work. Most employers allow it, but it's important to realize that it is a privilege that the employer can revoke at any time. After all, the purpose of the workers is to work.

If management allows discussion in the workplace, employees must be respectful and tolerant of different opinions. If these discussions disrupt the office, undermine a manager's authority, or impair working relationships, the employer should stop the discussion.

In most states, employees are protected against discrimination, harassment or termination as a result of expressing their political views. They are protected by general privacy laws, specific political speech statutes, or the laws prohibiting discrimination against employees who engage in lawful activity.

Public sector employees have more freedom of speech than employees in private industry. For example, when Ronald Reagan was shot, an employee of a Texas sheriff's department said, "If they go for him again, I hope they get him." She was fired, but the U.S. Supreme Court held that was unconstitutional because she was speaking on a matter of public concern. Rankin v. McPherson, 107 S.Ct. 2891 (1987).

Do not take any adverse employment action against employees because of their political opinions. If employees have been told to get back to work, and instead continue the discussion, they can be reprimanded, disciplined or ultimately terminated for insubordination.

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.
 
 
     
 
 
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