1. The First Amendment does not provide the same protections at the workplace as it does elsewhere. Employers may (and should) implement policies related to reasonable restrictions for political discussion and conduct, including limiting or banning company resources for such activity.
2. Political policies should be tailored to purely political speech or conduct, and preclude activity that is discriminatory, disruptive, or impacts performance.
3. Political policy enforcement should be applied fairly and evenly.
4. Many states prohibit employers from discrimination or retaliation against employees based on political views. Management should be advised to separate their political views from decision-making at work.
5. Be mindful of Section 7 of the National Labor Relations Act, which allows employees to engage in concerted activity related to the terms and conditions of their employment. For example, they may contact lawmakers, protest, or demonstrate, although these activities are typically limited to outside of work.