In the age of technology and social media, and everyone always having something to say, it’s difficult to manage information about your company. It’s hard enough coming from people outside the company – but what do you do when it’s your employee who is complaining about your business? Can you hold your employees accountable when they’re talking s#!@ on social media? Can you fire them? Find out how A&B Burgers handled an employee rant on TikTok.

Handling Political Speech at Work
Nearly everything seems to be political these days. You’ve probably experienced political discussions creeping into the workplace. Perhaps you’ve even had an employee claim they can say or do something because it’s their First Amendment right to free speech. Of course, the right to free speech is a cornerstone of America and what it means to be American.

But does it mean employees have some kind of free speech rights in the workplace? As an employer, what can you do – if anything – to keep the political peace in the workplace?

1. There is nothing you can do. Prohibiting employees from discussing their political views would infringe upon their rights to free speech and is prohibited by the First Amendment.
2. Employers can prohibit all political discussions in the workplace – regardless of the topic.
3. Employers can limit political speech so long as the prohibition is equally applied and does not interfere with employees’ right to discuss the terms and conditions of their employment.
4. Employers can only prohibit political discussions if those discussions cause a disruption in the workplace.

Read on to see if you chose the correct answer.

Federal Court Vacated Gender Identity Portions of EEOC Harassment Guidance: Employer Uncertainty Remains

Federal Court Vacates Portion of PWFA Final Rule Requiring Accommodation for Elective Abortions

Supreme Court Rules for Straight Woman in Reverse Discrimination Case

STATE UPDATES
MARYLAND
Maryland Clarifies Parental Leave Law: FMLA-Covered Employers Now Exempt

MISSOURI
Missouri’s Paid Sick Leave and Portions of the Minimum Wage Increase Repealed

NEW YORK
New York State Releases Guidance on Retail Worker Safety Act

OREGON
Oregon Restricts Age-Related Hiring Questions