Turns Out, There Is Political Discrimination and Harassment Too - Workology

Turns Out, There Is Political Discrimination and Harassment Too - Workology There Is Political Discrimination and Harassment Too There Is Political Discrimination and Harassment Too Seven or so years ago, I was asked to teach a course for a client regarding discrimination and harassment prevention. They had offices outside of  Alaska so I researched EEO issues in those states  in order to update  my workbook materials. My research quickly revealed an addition to my list of protected classes: Political Ideology When  I saw those words, I rolled my eyes. You see, while Ive always been an advocate for fair and just treatment of employees, Im not a huge fan  of protecting every little group of folks. I wish, instead, that companies would model and, consistently demand professionalism, manners and courtesy from everyone in the workforce. If they did so, they could terminate anyone who didnt  meet that behavioral standard and still sleep like a baby at night. But I digress Political Ideology Today, when I read those words,  I nod  my head. We are just over a  year into the most contentious political race I have seen and this protection makes  a lot more sense to me now. First, lets define it. Discrimination based on political affiliation or ideology occurs when the employer  demonstrates a preference for, or aversion to, employees or applicants belonging to a particular political party or having associates with connections to a particular political party.   Now, lets explore the scope of it. Laws prohibiting political affiliation discrimination differ depending on location and on public or private sector employment. Federal government employees are protected from such discrimination under the Civil Service Reform Act, and while private sector employees are not federally protected in this way, there are some private sector protections provided by state and local laws. (Check out this article for some more helpful information.) Now, lets think about  it. If  you think that manager or supervisors are not  dumb enough to make employment decisions based on what bumper sticker someone has on their car, how someone voted on a particular ballot measure or candidate, or what Meme or Vine someone just shared on social media, please think again. There are plenty of dumb managers or supervisors in our country  and only in a handful of states would there be repercussions  for behaving poorly in this context. Moreover, lets extend our  thoughts  to the general workforce. While coworkers dont have direct autonomy over employment decisions, they do have the ability to create an offensive, intimidating or otherwise hostile work environment based on their own beliefs, values, bias and prejudices. And Im sorry to say there are plenty of people  who deliberately change their behavior towards another individual because of a bumper sticker, how they voted, or social media activity. Dont believe me? Look in the mirror and ask yourself  to be honest about why you  quit inviting the neighbor to BBQs, why you  started making derogatory remarks about the parent on the soccer field, or why you  quit sitting at a certain table at the pancake breakfast after church. Honest answers might  lead to your or the individuals  political ideology and/or affiliation with a certain campaign this past year. Lest you think Im above reproach, let me assure you I have behaved in this way. I seem to be in a continuous battle in my mind and heart these days about this very issue! This isnt the first contentious political race, but I believe its the most divisive in our nations history. I  also  believe you are kidding yourself if you dont think this is spilling over into the workplace. Let me provide you just a small sampling of examples below. Political Affiliations and How They Border Traditional Protections Although not every state has a specific law protecting political affiliation, political issues can often border other affiliations  such as gender, race, national origin, etc. that are consistently protected around the nation. Therefore, while an employees activities may not fall under political affiliation protections, he/she may  still be protected under traditional nondiscrimination legislation. So The supervisor who consistently  makes derogatory statements about a political candidate and uses words like bitch or cunt to describe that  candidate  would find it nearly impossible to defend him/herself against a gender discrimination claim. The coworker who consistently or continually makes disparate comments about a candidate or political party and pairs these comments to a  religious platform or position would be hard pressed to defend him/herself against the claim that coworkers  having opposing religious beliefs, values, etc. did not feel intimidated, unreasonably uncomfortable or offended in the workplace. The group of employees who continually support a particular candidate with strong views about immigration, visas, citizenship, etc. and think its appropriate to make multiple  statements  about how big the wall will be, how they would be amused by certain deportation activities, etc. would likely find themselves in a shit storm of discrimination based complaints. Goodness, this section alone could go on for another 1000 words but Ill cull it here. Political Activities (At or Outside of Work) The states that have laws specific to political affiliation protections  vary in how these protections are applied and/or interpreted when it comes to specific political activities at or outside of work. For instance, in some states, an employer cannot, during or outside of work hours or in or outside the work area, persuade, threaten or intimidate an employee or group of employees from voting a certain way. Likewise, other states say an employer cannot retaliate against an employee for failing to support a candidate, a ballot  decision, or party whether it was on behalf of the employer on on his/her own personal time. And in other states, employers cannot track or monitor political activity nor can they threaten to shut down or layoff employees should a particular candidate be elected or issue be approved. Employers in  states that do not have laws specific to political affiliation protection could  either find refuse or risk in their conflict of interest, code of conduct, outside activities or similar policies. For instance, most employers have policies against doing anything non-work related during work hours, on company equipment, etc. These policies either directly or indirectly  include political campaigning, activities for personal gain and similar activities at work. (Coincidentally, they often discourage the solicitation of orders for and sale of Girl Scout Cookies in the break room, which is quite disturbing for someone like me but thats a whole other blog topic.) Some of these policies extend to activities  outside of the regular workplace and/or typical work day or week. So The supervisor who wants to fire or otherwise disparately treat  an employee or a group of employees for campaigning for a particular candidate or party outside of work hours  is gonna find that road a tough one to hoe. The employee who thinks its safe to spread political propaganda via documents, flyers, emails, social media, etc. during the work day, on employer  premises, using employer-furnished devices or equipment is going to be sadly disappointed when he/she is legally disciplined or let go for doing so. (Please note, this is similar to religious proselytizing, which employers do not have to allow provided they are consistent in applying this prohibition.) The group of employees who claim their lunch-hour  participation in the rally supporting a particular candidate or party that proports that Christianity is the only true religion  cannot easily defend against the claim that their public and proud participation  doesnt bleed over negatively into their workplace wherein there are multiple non-Christian coworkers. Political Affiliations and Concerted Activity While employers can certainly prohibit general political discussions and political campaigning at work, the National Labor Relations Act  provides that  private employers cannot prohibit discussions about workplace conditions. So Employees discussing why a candidate is better for them as workers and could affect  the working conditions just transformed a political discussion into  concerted activity and, as such, the employer cant do a damn thing to stop it. The group of employees who decide to create and/or wear buttons or t-shirts that communicate a support or opposition from their recognized union and a particular party or candidate have to be allowed to wear them at work. The supervisor or employer who wants to hold its workforce hostage (captive audience) and talk about how a political candidates election or a ballot measure will affect the employer has the right to do so provided its factual and/or in good faith. Speaking of captive audiences, I have held you here long enoughbut bear with me for just a little longer. How should you handle politics in the workplace? Keep things focused on work! Nip any  excessive comments or discussions, especially when a reasonable person would deem them offensive, hurtful or hateful, in the bud immediately.  Be transparent as to why you are shutting down that conversation (in other words, tell the parties you dont believe the discussions are adding value to the work, productivity, quality, etc. and, therefore, you expect people to re-focus their energy and attention). If the discussion is about how a certain candidate or platform would affect the workplace, the specific industry of your company, etc., offer to facilitate a discussion regarding the specific issue and invite everyone to attend. (Please note, you need to be prepared to facilitate this discussion objectively or youll quickly find yourself regretting it.) Lead by example! If youre pontificating about a certain measure, party or  candidate or, worse, using derogatory remarks about someone, I hate to tell ya but you deserve the shit storm that results. I hope youve found some value in this post if for no other reason than youre now thinking about how little or how much protection you have when it comes to your political affiliation. This is a slippery slope, for sure, and its bound to become more so as November draws near. My prediction is that we will see a helluva lot more states with legislation regarding political affiliation protections. Subsequently,  well see massive edits, additions and education regarding applicable  employment  policies and practices. Doesnt that sound like fun? (It certainly would be more palatable if  I had some Girl Scout Cookies.)