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Diverse Perspectives and a Respectful Workplace
Oct 30, 2023 7:00:00 AM
From politics at home to international crises, as is to be expected, as political discourse ramps up, so does the likelihood that hot-button discussions can boil over between coworkers.
If your organization’s recruitment strategy is done right, you’re likely to have a work environment filled with diverse employees, and with a diverse workplace, comes diverse viewpoints. Opinions are bound to be shared in the work environment, where individuals spend a large amount of time together.
While government employees do have some protections, employees do not have a constitutional right to free speech at work, but a complete ban is likely overbroad. The National Labor Relations Act (NLRA) prohibits an employer from banning workers from discussing the terms and conditions of their employment, which could stem from a discussion about a political candidate’s position on minimum wage, as an example. State laws may also add to worker rights and safeguard lawful off-duty conduct.
That being said, employees can be told not to engage in disruptive conversations in the workplace and to get back to work. If they are on lunch or a break (when they are not working), employers can still stop these conversations if they get heated or others are uncomfortable.
Employees should maintain professional behavior and discussions should not disrupt the workplace.
Employers should also be mindful of the potential for workplace harassment and discrimination during increased times of tension and conflict in the world.
Religious discrimination involves treating applicants or employees unfavorably because of their religious beliefs, or their marriage to or association with an individual of a particular religion. Anti-discrimination law protects workers of organized religions as well as those holding beliefs without religious affiliation.
This summer the U.S. Supreme Court issued a unanimous opinion on religious accommodation in Groff v. DeJoy, and rejected the long-standing interpretation of Title VII than an employer may deny a religious accommodation when the requested accommodation would impose more than a de minimis, or trifling, burden on the employer’s business. Going forward, employers may face increased requests for time off, job reassignments, modifications to dress codes and grooming policies, scheduling changes, prayer breaks, and designations of private locations in the workplace for religious observances.
The EEOC enforces federal laws prohibiting employment discrimination. These laws protect covered employees from harassment based on race, color, religion, sex (including sexual orientation, transgender status, and pregnancy), national origin, disability, age (40 and older) or genetic information.
From the get-go, employers should cultivate a culture of respect and civility, and make sure to promote and reinforce this. Employers may reiterate their discrimination, harassment, and social media policies. While opinions and perspectives can differ it is essential to be aware of appropriate conduct.
