On June 18, 2020, labor and employment attorney Clay Creps explored the legal framework for political speech, protests, and responding to racial injustice in the context of the workplace. Before diving into details, Clay stressed that if employers do not yet have an official or unofficial policy about political speech in the workplace, they should create one now.
The heart of the program explored the legal parameters for regulation and expression of political speech by both owners and employees in a private workplace. Clay used examples of decisions that employers have made in recent weeks to illustrate how anti-discrimination and harassment laws apply to political expression inside and outside of the workplace whether at protests or in the general public environment. For employers considering taking employment action against an employee for actions taken outside of work, he recommends that they act knowing the law and the context in which the activity took place, as well as consulting their personal conscious.
Clay also encouraged businesses to examine all aspects of their hiring and workplace practices with a heightened lens for evidence of overt or covert racial injustice, and to take action where appropriate. While there is no legal requirement to have a diversity, equity, and inclusion committee, it’s a powerful forum to increase morale and to empower employees by including decision makers who can assist in implementing committee recommendations. Clay provided a number of local resources that can help employers to evaluate their workplace and establish diversity, equity, and inclusion committees.
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