NewsTRISTAN & CERVANTES NEWS | September 28, 2016

Political Harassment in the Workforce Has Increased in 2016
The first general election presidential debate is behind us and it seems
that everyone is talking about it. Recent polls reflect that political harassment has increased significantly over the past two years. Political harassment can often occur on social media platforms, through email, or at the work place. It is important for employers to become aware of this issue, especially with the upcoming debates this October.
Section 7 of the National Labor Relations Act (NLRA) protects non-supervisory employee’s right to engage in concerted activities for “mutual aid or protection.” These protections of the NLRA have been interpreted broadly to include political advocacy in the workplace, so long as the political advocacy relates to labor, working conditions, or specific employment related concerns. Political advocacy in the workplace that links employment related concerns (such as immigration reform or increasing the minimum wage) to support for a particular candidate may be considered protected activity under the NLRA. Therefore, although employers cannot completely ban political discussions in the workplace, employers do have a vested interest in minimizing political discussion that could lead to unlawful discrimination or harassment.
Business owners should consider implementing policies to ensure that their social media platforms and work environment are free of political harassment, especially in light of the upcoming 2016 presidential election. Businesses should also consider implementing a Code of Conduct specifically geared towards the issue of political harassment, which explains the consequences of using vulgar or threatening language or engaging in harassing behavior toward co-workers in connection with political views. It is also important to ensure that all instances of threats and harassment are reported Human Resources so that Human Resources is aware of what is happening and can take the proper precautions and actions when dealing with alleged or actual political harassment.
Tristan & Cervantes has provided counsel to businesses in creating anti-harassment policies and regarding other employment related issues. Please contact us with any questions regarding your anti- harassment policies.