In recent years, employers have increasingly grappled with issues arising from “free speech” as employees are seemingly willing to openly – and, on occasion, passionately – debate topics that were once considered “taboo” in the workplace. Whether around the proverbial office water cooler, in a Zoom meeting, or social media, employees are commonly engaging their co-workers on traditionally personal issues such as political viewpoints, women’s rights, religious expression, and diversity.

Needless to say, this dialogue has had an adverse impact on the workplace as intense disagreements, inflammatory dialogue, and heightened tensions have opened the doors to potential claims of discrimination, harassment and retaliation. In a recent survey conducted by the Society for Human Resources Management, nearly 50 percent of respondents reported that they have experienced political disagreements in the workplace; and, 26 percent said they have personally experienced differential treatment because of their political views or affiliation. This is a disturbing set of affairs that raises numerous questions for employers, such as:

• Does the First Amendment guarantee of “freedom of speech” apply to the workplace?
• What policies can I implement to limit or prohibit certain types of speech in the workplace?
• Can I discipline an employee for comments made on social media?
• Could my organization be subject to legal liability if it fails to adopt policies restricting speech in the workplace?

In this webinar, we will answer these questions and discuss the best practices that you can implement to mitigate potential legal exposure arising from speech in the workplace.