By Dawn Solowey
Seyfarth Shaw LLP, for AIM 

We live in a polarized nation, in a contentious election year.  As employees bring their whole selves to work, they inevitably also bring viewpoints on a host of divisive issues.  This may include strong viewpoints on cultural or political topics that intersect with gender, race, national origin, religion, and LGTBQ+ issues, for example.  Workplace conflicts may affect morale and retention, distract from business objectives, and pose legal risks.  This piece discusses five high-level strategies for an employer navigating these flashpoints, from a legal perspective. 

• Consider Forming an Internal Team of Stakeholders 

To address flashpoint issues, the company might consider forming an internal team of key stakeholders, including business leaders plus representatives from Legal; Human Resources; Employee Relations; Diversity, Equity & Inclusion; and Public Relations.  This team can ensure a consistent and proactive approach and allows the company to ensure legal compliance but also alignment with business goals and company values.   

• Maintain a Strong Framework of Key Policies 

A thoughtful set of corporate policies can provide a framework to minimize legal risk.   This includes updated anti-discrimination and anti-harassment policies, but may also include a respectful workplace policy.   Some employers are considering adding a political expression policy, though this must be done carefully to minimize risk under the National Labor Relations Act.  If flashpoints are erupting in particular settings in the workplace — such as on Slack or Zoom— there may be opportunities to revisit policies to ensure neutrality and consistency, minimize conflict and avoid distraction. 

• Invest in Workforce Training 

Dynamic workforce training can be a powerful tool for employers.  Anti-discrimination, anti-harassment, and anti-retaliation training may need updating for today’s environment.  For example, the Equal Opportunity Employment Commission’s General Counsel has publicly announced a priority of investigating religious and national origin-based discrimination sparked by the Israel-Hamas war.  An anti-discrimination training program in 2024 might include thoughtfully curated hypotheticals regarding antisemitism and Islamophobia, for example.  Legal and Human Resources teams may need updated training too.   

• Build Out a Solid Religious Accommodation Approach 

Religion is a hot-button topic, following a new Supreme Court decision that changed the standard for religious accommodations, as well as many cultural and political clashes over religion that spill over into the workplace.  Employers should ensure they have a religious accommodation policy in place.  HR representatives and Legal should be trained on current best practices in religious accommodation and trends in such requests.  The company should consider creating a process map as to how religious accommodation requests will be handled.  Those who are conducting the interactive process with employees requesting accommodations should be armed with customized talking points.    

• Ensure the Company Is Ready on the Key Flashpoints Issues of the Moment 

There are certain pressing employment issues that an employer would be wise to get a handle on before an urgent issue arises.  For example, an employer should:  (i) develop an approach as to how it will handle off-duty conduct that affects the workplace, understand the web of state laws regarding off-duty conduct and social media that may apply; (ii) ensure a compliant, well-constructed approach to employee resource or affinity groups, including how to handle requests for faith-based groups; and (iii) understand the current legal framework around Diversity, Equity & Inclusion programs and how to minimize challenges to those programs.   

By considering these issues proactively, the employer can ensure it is ready to tackle challenges in a thoughtful manner that lowers the temperature and minimizes legal risk. 

Dawn Solowey is a Partner in Seyfarth Shaw LLP’s Boston Office in the Labor & Employment group.  Dawn is a seasoned trial lawyer and employment law counselor.  She is a founding member and co-lead of Seyfarth’s Cultural Flashpoints Task Force, which helps employers navigate workplace polarization from a legal perspective.