Politics in the Workplace and the Risks of Social Media
How employers address employees’ use of social media as a forum to engage on political issues entails a range of considerations. Social media’s potential to reach an outsized audience compared to traditional venues for political discourse may increase the negative effects of controversial political speech in the workplace. Social media content created and transmitted entirely outside the workplace without the use of company resources can still create a hostile work environment under certain circumstances and may be cited as evidence of employer bias in a lawsuit. Employers should be aware of their rights to restrict certain uses of social media as well as employees’ rights in this area. With the election around the corner, employers should review and if necessary update their social media policies and otherwise be prepared to act proactively to mitigate social media-related issues before or shortly after they arise. In 2017, former Supreme Court Justice Anthony Kennedy noted in...