By Christina Santillo, SHRM-CP, Senior Human Resources Consultant
As political tensions rise and elections approach, employers may find themselves facing questions about whether political attire expressing one’s opinion or support for a particular candidate is appropriate in the workplace. While employees may feel strongly about expressing their political beliefs, employers need to be mindful of maintaining a professional and neutral work environment. This raises the question: How can employers manage political attire while respecting legal boundaries?
Private Employers Can Restrict Political Attire
As a private employer, you have the right to limit or prohibit political speech during work hours, including allowing employees to wear political attire like campaign shirts, hats, or buttons. Some employees think this isn’t true citing their First Amendment right to free speech. However, this right doesn’t apply to private employers. It applies only to the government, including public employers. If you choose to restrict political clothing, it should be set forth in your dress code policy which should be clear and consistently enforced. Allowing one employee to wear political clothing or paraphernalia while forbidding another can lead to complaints of bias or discrimination, so consistency is crucial.
Union-Related Political Attire is Different
While you have the right to restrict most political attire at work, there’s an important exception: clothing and paraphernalia that is connected to union-related activities. Union employees may have the right to wear political buttons or other items if they’re tied to union organizing or related activities. For instance, a button that says: “Local XX supports Candidate A” could be hard to ban. As an employer, you’ll need to be aware of this distinction to avoid infringing on employees’ rights.
Crafting a Clear Dress Code Policy Is Key
To manage political attire effectively, it’s important to have a clear dress code policy in place. This policy should specifically mention political attire and paraphernalia and explain the rationale behind the restrictions. Make sure that all employees understand the policy and that it applies equally to everyone, regardless of their political affiliation.
At the same time, it’s a good idea to include language in your policy that addresses exceptions for union-related activities. This will ensure that you’re complying with labor laws while still maintaining the professionalism of the workplace.
Maintaining a Neutral Workplace
In addition to setting policies on political attire, it’s important to foster a culture of respect and professionalism at work. Political discussions can become heated, and attire supporting specific candidates or causes can contribute to tension among employees. By limiting political paraphernalia, you can help create a neutral work environment where all employees feel comfortable.
Managing political expressions in the workplace requires a delicate balance between employees’ rights and the need for a neutral, professional environment. With clear policies and consistent enforcement, employers can navigate this challenging issue while staying within legal boundaries.
If you are an employer with questions about compliance or human resources issues, our Risk Management Division is here to help. Contact us at 855-873-0374 or email .