Maintain a conflict-friendly workplace and abide by laws that may be implicated during the political season.
Maintain a conflict-friendly workplace and abide by laws that may be implicated during the political season. The 2024 presidential election promises to be one for the history books as President Biden looks to serve four more years and the Republican field, including former President Trump and Florida Governor DeSantis, tries to gain the necessary momentum to make Biden a one-term president. A presidential election is never dull but throw in the pending criminal indictments against former President Trump, Speaker McCarthy’s threats to impeach President Biden, the U.S. Supreme Court’s recent affirmative action decision, and inflation, and you have one exciting election season.
Given the state of our union, employers can expect a lot of political discussions and political actions in the workplace. This information will help you learn how to describe the rights that employees may have to discuss or engage in political activity in the workplace; identify any obligations that employers may have when political discussions implicate employees’ protected classes; recognize when political discussions may qualify as protected concerted activity under the NLRA; and explain best practices for lessening the likelihood of employee conflict on polarizing political topics. Learn about other risks and best practices associated with this issue. This information is critical for employers interested in maintaining a conflict-friendly workplace and abiding by laws that may be implicated during the political season.
Learning Objectives
- You will be able to review associational issues under Title VII.
- You will be able to explain if you can limit political speech in the workplace?
- You will be able to discuss political viewpoint as a diversity issue.
- You will be able to examine employee use of email to promote their candidate or issues.
Agenda
- Political Beliefs and Protected Classes Under Anti-Discrimination Laws
- How Protected Classes May Be Implicated in a Political Campaign Year
- Associational Issues Under Title VII
- Can You Limit Political Speech in the Workplace?
- No Federal Law Protecting Political Speech for Private Employers
- State Laws May Provide Some Protection or Impose Obligations on Private Employers
- Is Political Speech Protected Under the National Labor Relations Act (NLRA)?
- Applying the Rules in a Nondiscriminatory Fashion
- Practical Considerations for Addressing Political Speech
- Working Time vs. Nonworking Time
- Jobs Which Deal With the Public
- Political Viewpoint as a Diversity Issue
- Posters, Buttons, T-Shirts, and Other Forms of Political Expression
- Employee Use of Email to Promote Their Candidate or Issues
Speakers
Kristin M. Halsing,
Faegre Drinker Biddle & Reath LLP- Associate at Faegre Drinker Biddle & Reath LLP
- Represents and advises employers on labor and employment issues with an emphasis on union relations and organizing; defends employers in state and federal courts, arbitration, and administrative hearings involving a variety of labor employment issues, including employment discrimination and noncompetition claims; and assists employers with union relation issues before the National Labor Relations Board; prior to joining Faegre Drinker Biddle & Reath, LLP, Daniel worked in professional sports including clerking for the National Football League’s Management Council
- Regularly researches and writes client updates and alerts for the firm’s labor and employment group
- Admitted to practice law in New York
- Graduate, Arizona State’s Sandra Day O’Connor College of Law and Indiana University
- Can be contacted at 212-248-3254 or daniel.dorson@faegredrinker.com
Kelly A. Petrocelli,
Faegre Drinker Biddle & Reath LLP- Counsel in the Chicago office of Faegre Drinker Biddle & Reath LLP
- Counsels clients on matters involving personnel policies and procedures, wage and hour classification, hiring, leaves of absence, employee discipline and termination, and reductions in force; counseling includes drafting and negotiating separation agreements and releases, covenants not to compete, and executive employment agreements
- Defends businesses in employment-related litigation, including claims brought by employees under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), and other state and federal anti-discrimination, wage and hour, and anti-retaliation laws
- Advises businesses in corporate transactions regarding compliance with employment laws
- Prior to law school, Kelly worked in Washington, D.C., for the Democratic Congressional Campaign Committee and the Democratic Caucus of the U.S. House of Representatives
- J.D. degree, magna cum laude and Order of the Coif, Maurer School of Law, Indiana University; B.A. degree in American public affairs: social relations, James Madison College at Michigan State University
- Can be contacted at 312-569-1343 or kelly.petrocelli@faegredrinker.com
Who Should Attend
This live webinar is designed for human resource managers, personnel managers, employee relations managers, presidents, vice presidents, business owners and managers, accountants, and attorneys.
