What Should You Do?
Limit unacceptable speech. The short answer for most workplaces is no, you are not required to allow anyone to say anything at work, even if it is part of a spirited break room debate. You can and should set rules about behavior at work, including acceptable and unacceptable speech.
But don’t we have free speech rights at work? Contrary to what many of our workshop participants seem to believe, you generally do not have free speech rights at work. The First Amendment usually applies
to government action. Private employers can make rules about behavior, including rules about speech. We all give up something in exchange for a paycheck; the ability to say and do whatever we want at work is one of the things we relinquish. You can make and enforce rules limiting speech that is harassing, discriminating or otherwise creates an environment that inhibits your goals.
But what about government employers and university campuses? These entities have different – and complicated – rules about speech and other forms of political expression. If you are a leader, be sure to consult your employment counsel about how to handle these issues.
But what about the deeper issue of tolerating opposing views? For a deep dive into tolerating different opinions on college campuses and other forums these days, listen to the excellent Ted Radio Hour:
“The Right to Speak”.
July 30, 2018
