Q:   Our firm provides professional services, and our employees often work onsite or from home, frequently using Zoom for meetings. Recently, a comment (not a complaint) was made about an associate’s enthusiasm for a presidential candidate, which was evident in a Zoom meeting not by what he said, but by a slogan on his coffee mug. Can we prevent our employees from expressing political preferences during virtual meetings?

A:  Yes, a private employer may restrict political expression in the workplace. This election is especially contentious, and an employer can limit discussions or displays of support for candidates and issues to prevent workplace discord. This includes virtual meetings, where backgrounds can distract or offend participants.

A policy governing virtual meeting backgrounds helps prevent political opinions from being broadcast in meetings.  A virtual meeting background policy may include:

• Required use of a standardized virtual background developed by the employer with the organization’s logo.
• A description of acceptable virtual backgrounds (e.g., an “office-like setting”).
• For employees who choose not to use a virtual background, no items expressing a political view should be visible on camera.

If you already have a remote work or virtual meeting policy, you can add a requirement for using the company’s virtual background or another suitable option.  The policy should clearly state that the virtual background must be professional and not endorse or represent a candidate or cause. If a virtual background is not required, ensure the work area visible onscreen is free of images that could be offensive or suggest the firm supports a particular candidate or position.

Many employers are wrestling with political discussions and expressions in the workplace this election year.  Employees might believe that the First Amendment protects political discussion, but it does not apply to private employers such as corporations, businesses, and non-profits. Private employers can restrict employees’ speech, including political views,  without violating the First Amendment.

More Resources

If AIM members have questions about handling workplace political expression or any other HR matter, they may contact the AIM HR Helpline at 800-470-6277 or via email helpline@aimnet.org.

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