Political debate in workplace worth watching

With Proposition D, a school district's proposed property tax and a couple of hotly contested city council races on the November ballot, employers should keep an eye out for political debates in the workplace.

"When it comes to politics, (debates) can be very divisive, disruptive and polarizing and some people can get very emotional," said San Diego labor and employment attorney John Alessio, a partner with Procopio, Cory, Hargreaves & Savitch. "In the workplace, it's probably inappropriate to be getting too vocal about your political ideas."

San Diego's Rick Bergstrom, a labor and employment partner with Jones Day, said it isn't necessary for employers to develop a policy specifically restricting political expression in the workplace.

He said talk can even be healthy, but the way in which political views are expressed should be regulated to make sure everyone is being respected.

"Ultimately, in a healthy work environment, you can't stifle discussion," Bergstrom said. "Just encourage for it to take place in a professional manner and make employees realize that some people don't want to be a part of that discussion."

Jim Fessenden, an associate with Fisher & Phillips in San Diego, agreed.

"It's dangerous for employers to try to flat out curb all political speech, aside from the fact that it's difficult to enforce that," he said.

"Employers need to monitor the political discussion," Fessenden added. "Allowing employees to respectfully (debate) in ways that don't hurt business or in ways that won't create any amount of tension in the workplace are going to be fine."

Procopio's Alessio said, however, it's a good idea to prohibit the more flagrant forms of political speech like fundraising or actively campaigning for votes in the office.

Employers also have to be careful to make sure any political discussion doesn't turn into harassment or create a hostile work environment.

Political discussion also can involve topics that overlap with categories that are protected by employment law's anti-discrimination policies.

An example is when Arizona Sen. John McCain, then 72 years old, ran for president in 2008.

"Comments about McCain being too old to be president made in the workplace by supervisors with decision-making authority can turn problematic for employers," Fessenden said.

There's a provision in the California labor code that prevents an employer from discriminating against someone based on his or her political views. And state law also requires employers to give employees time off to vote.

Employers can have a blanket policy prohibiting the use of company resources, like bulletin boards or e-mail, for any private communications, including political speech.

It's useful so employers "don't get into issue of having to say, 'Well, this form of private communication is right and that form is wrong,'" Jones Day partner Bergstrom said.

While trying to keep the peace, employers also have to be mindful of efficiency.

"It can be a drag on corporate time if employees are spending too much time engaging in any political debate or any debate at all," Fessenden said. "It can sap corporate time."