tip of the Month: What Speech Is Protected in the Workplace?

• Position: CAMICO Insurance

Employers have the right to ask employees to focus on their work while in the office and to refrain from discussion that could lead to an emotionally charged conversation. Employers should be careful, though, to apply the rules uniformly and not favor one employee and his or her opinions or beliefs over another. Discrimination based on religion or political affiliation is illegal, but employers have the right to request that employees refrain from discussion that is not appropriate in the workplace.

Employers also have the right to require employees remain civil toward each other, and conversations about politics or religion can often spark an argument or heated discussion.

Employees are free to discuss wages, working hours and conditions with co-workers, as those types of conversations are protected activity under the National Labor Relations Act. Employees should be able to participate in such conversations without the fear of retaliation, provided they...