Employers Must Strike Balance To Avoid Election Talk Liability

Atlanta Partner Bert Brannen was quoted in the October 15 article "Employers Must Strike Balance To Avoid Election Talk Liability" on Law360. As the presidential race heats up, employers must take care to comply with laws that may limit their ability to restrict political speech while still ensuring that workplace discussions leading up to the election don't become disruptive and expose them to lawsuits. Contrary to what many employees may believe, workers in the private sector do not have a First Amendment right to express their political views in the workplace. Bert noted that employers and employees have a number of different rights and responsibilities in this area and there are a lot of misunderstandings by both. "Political speech in the workplace is sort of like dating in the workplace," he said. "It might be legal, but it's not always a good idea, and there really has to be some good judgment by everybody — both employers and employees."