The Political Divide at Work: What to Do About It

In a time when the choice to wear a face mask is considered by many to be a political statement to be cheered or jeered, it is natural to wonder how a business can survive the growing, deepening political polarization plaguing the workplace and seemingly all aspects of our lives.

Indeed, you might even be wishing for the “good old days” when we, as a nation, were reportedly not so politically divided. Wouldn’t that be nice? Unfortunately, it is hard to find any time in our nation when there was not a political divide. Indeed, if you go back to our nation’s founding fathers and the presidential election following George Washington’s terms, there is ample evidence of partisan politics: Thomas Jefferson described his opponent John Adams as being “a blind, bald, crippled, toothless man [with] a hideous hermaphroditic character with neither the force and fitness of a man, nor the gentleness and sensibility of a woman.”

You do not have to look up the definition of “hermaphroditic” (I did) to understand that this is a take-no-prisoners insult that was generally, undeniably false. (While on his way to being bald, Adams was indisputably not disabled, toothless or blind, with the rest being either subject to debate or lost to history.)

This is hardly the only example of deep, partisan disputes through history, but certainly establishes that our young nation’s political discourse was hardly genteel.

Although our history reflects deep partisan divide and debate, this does not diminish the negative impact it can have on the modern workplace. Political debate can impact morale and productivity in both obvious and hidden ways, for example, through co-workers who refuse to work with each other because of a political disagreement. In some instances, the debate can spill over into customer relations.

Indeed, that politics impacts work is not supported just from anecdotal evidence, but was recently confirmed (as if there was any debate) in a recent report by the research and advisory firm Gartner Inc.: • 78% of employees report discussing politics at work. • 47% of employees claim the 2020 U.S. presidential election impacted their ability to get work done. • 36% of employees reported they avoid talking to a co-worker because of the 2020 election. • 31% of employees who talk politics at work report these conversations as stressful and/or frustrating.

by Douglas H. Duerr

So, you know it’s happening and that it’s causing problems at work, but what can you do about it? Ignore it?

While perhaps tempting, as the Gartner report shows, letting it happen is going to have a negative impact on your workplace, with the inevitable negative impact on financial results. In addition, ignoring it can have legal implications, and not just in the handful of states that prohibit discrimination at work due to political activity and views.

For example, a supervisor’s offhand comment on a “political issue,” such as about sports stars taking a knee during the singing of the national anthem, could be perceived as racially insensitive. Or, what if a supervisor rebukes an employee for supporting such athletes? Is that a basis for a claim of retaliation for raising issues of racial discrimination/inequity? Perhaps.

While it can be hard sometimes to recognize when something has become a political issue (e.g., whether to get a vaccine or wear a face mask), it is important to stay on top of the issues to be sensitive to whether it is one of mere party politics (e.g., Democrat vs. Republican) as opposed to something protected in the workplace (e.g., race, LGBTQIA+, etc.). This is not just something about which top management needs to be aware. Supervisors must also understand the importance of not expressing their political views and encouraging employees to focus on less controversial matters.

That type of general guidance, however, is no substitute for a formal program that recognizes politics will be in the workplace. Thus, consider whether you want to publish a policy that provides guidance on what is/is not permitted (e.g., clothing, campaigning for a candidate, etc.) at work.

While such policies can be helpful tools for supervisors trying to enforce workplace harmony, care must be taken to ensure that the policy does not itself violate state or local law protecting political speech nor federal labor law, which allows employees to discuss (during nonwork times in nonwork areas) matters relating to the terms and conditions of work.

Even if you do not adopt a policy on discussing or engaging in politics at work, you should make sure that managers and supervisors are attuned to this issue and that there is a plan in place when there is a complaint or conflict. Make sure that your anti-bullying rules and harassment programs encompass “political speech” that can become “bullying” or cross the line into harassment based on a protected characteristic (e.g., race, sex, religion, disability, etc.).

Finally, remember, if you have been following this column for any period of time, you already know that fostering and nurturing an inclusive workplace in which every employee, supervisor and manager is respectful to others and their differences goes a long way to having a legally compliant workplace. When it comes to politics, as with other differences, it is important that everyone remains respectful on this point as well.

Partisan politics have been around for a long time and are not going away any time soon. As such, being mindful of its presence and potential impact on the workplace is the first step to having a plan in place to deal with it. Do not wait until it is too late.

DOUGLAS H. DUERR is a partner at Elarbee Thompson, a national labor and employment law firm with an industry practice area focused on franchisees. Learn more at www.elarbeethompson.com.