The white supremacist rally that recently occurred in Charlottesville, VA has raised a multitude of questions within the realm of politics, law enforcement and the public forum at large. But what if the issues seep into the workplace?
This is a complex question with no clear answer, however some general guidance is available to assist with such a challenging topic and potential business decision that must be made.
Three key areas to consider when faced with most controversial employment matters include:
At this time, there are no known federal laws that would be applicable against a private employer in this situation. Freedom of speech may be applicable with government workers, but not in the private sector. Claims of protected religious activity have been made in the past, but to date, have failed when made by hate groups such as the Ku Klux Klan (KKK).
State law may require a closer look. Some states have statutes designed to protect employees from employment action against them based on their lawful conduct when off duty (such as right to lawfully protest something on their own time). Seek legal counsel regarding state laws before taking action.
An employer’s current policies should be reviewed when considering employment action:
Corrective action regarding general conduct that impacts those participating in a hate group activity, as well as other employees, need to be considered to ensure a fair and impartial approach to the situation. If you don’t have anti-harassment and social media policies in place, now is the time to do so, before there is a problem.
Risk analysis regarding hate group activity is imperative. Employers need to consider potential outcomes in advance of making a decision:
Before you make any decisions about such an emotionally charged employment matter, make sure you answer these questions and complete fully thought-out analyses regarding employment law, employer policy and company risk. Failing to do so may result in significant expense to your company, loss of work time and even damage to your brand.
Neither Propel PEO, Inc. nor Propel HR, Inc. is a law firm. This blog is intended for informational purposes only. It does not constitute legal advice and is not guaranteed to be correct, complete, or up‐to‐date.