Politics in the Workplace: Can You Get Fired for Talking About It?

The answer: yes and no - it depends.

It all comes down to where you work and how you’re talking politics. There’s a difference between free speech and free speech in the workplace.

• Most people think the First Amendment gives them the right to say whatever they want at work. But that’s not entirely true. The First Amendment applies if you work for the government (local, state, or federal) as it stops the government from restricting your speech, but it doesn’t apply to private companies. 

This means your employer can ban or limit political speech at work. And remember, most of us work “at-will,” (except in Montana, the only state that doesn’t follow "at-will" employment) meaning you can be fired for any legal reason. If your employer thinks your speech makes others uncomfortable or is bad for business, they could discipline or fire you. This includes what you post on social media or wearing political clothing, pins, or masks at work.

Are there any exceptions?

Yes! Here are a couple:

• State or local laws: Some places protect political speech at work, so check your state and city laws. Some states stop employers from firing people over political expression.*

• The National Labor Relations Act (NLRA): This federal law protects you if you’re talking about work-related issues. For example, let’s say, you’re speaking with co-workers about your company’s refusal to provide paid parental leave and expressing support for Candidate A because you believe they will implement parental leave policies you and your co-workers will benefit from. Or you are expressing support for Candidate B because you think they will increase the minimum wage.

In these cases, you are protected under the NLRA when discussing these work-related issues even though they are tied to politics. But, for example, if you were encouraging a colleague to support a candidate because of their position on guns, that is something your employer could limit.

Employers can restrict political speech at work as long as they follow the NLRA when discussing work-related topics.

Your best bet?

Keep your political views out of the office. But if it does come up, here’s what you can do:

• Check your company’s handbook on what is and isn’t allowed when it comes to politics and work. Check if there are any rules prohibiting employees from wearing apparel and accessories with political statements or if there are limits on posters and other workplace displays.

• Be mindful of what you do when you are outside of work. Your boss can’t control what you do during non-working hours but it doesn’t mean you can’t get fired for your activities after work hours. And it’s usually not the event you go to that gets people in trouble, it’s what they say. If your speech violates policies on harassment, discrimination, or violence, your employer may have no choice but to take action.

A recent study shows that 51% of people believe political discussions can hurt the work environment. Even a small disagreement can blow up into a heated argument, impacting productivity, employee morale, and working relationships, or turn into something that goes against company policies. While there’s some risk for employers in firing someone over political speech, they may do it if they think it’s necessary to protect their staff or brand.

Bottom line: Employers can limit political discussions, but they can’t stop you from talking about work conditions.

*The following states ban discrimination based on some form of political activity:

• Colorado, North Dakota, and Utah prohibit discrimination based on “lawful conduct outside of work.”

• Montana is the only state that bars employers from firing people without a good cause. Additionally, the good cause must be job-related. Failing to perform job duties satisfactorily is an example.

• Connecticut prohibits discrimination based on the rights guaranteed by the First Amendment. The state applies the same rules to private employers that are applied to public employers under the First Amendment. For private employers, the activity must not substantially interfere with the employee’s job performance.

• New York prohibits discrimination for off-duty “recreational activities” such as arguing about politics at a social event.

• California, Colorado, Guam, Louisiana, Minnesota, Missouri, Nebraska, Nevada, South Carolina, Utah, West Virginia, Seattle (Washington), and Madison (Wisconsin) prohibit employers from retaliating against employees for engaging in “political activities.”  It is important to check with your specific state because what activities are defined as political varies between states. For example, in California, courts have held that advocacy of forcible or violent conduct does not qualify as “political” within the terms of the statute.

• New Mexico prohibits employers from discriminating based on “political opinions.”

• Washington D.C., Utah, Iowa, Louisiana, Puerto Rico, Virgin Islands, Broward County (Florida) and Urbana (Illinois) prohibit employers from discriminating against employees based on party membership.

• Illinois, New York, and Washington prohibit employers from discriminating against employees for election-related speech and political activities.

• Arizona, Washington D.C., Georgia, Iowa, Minnesota, Missouri, Ohio, Oregon, and Washington prohibit employers from discriminating against employees who have signed initiatives, referendums, recalls or candidate petitions. For example, in these states, an employer would not be able to retaliate against someone for signing petitions supporting certain initiatives such as anti-same-sex marriage or same-sex marriage.

• Louisiana, Massachusetts, and Oregon prohibit discrimination based on contributions to a specific campaign.

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