When Employee Speech Goes Public
Employee speech issues have become increasingly visible – and increasingly complex – as social media activity and public commentary intersect with the workplace. In an article for HR.com, Woods Rogers Principal and management-side employment lawyer Leah Stiegler provides HR teams and managers with guidance on balancing the legal and reputational pressures that arise when free speech meets the workplace.
“The First Amendment protects employees from the government’s infringement on their speech,” Leah writes in the article. “Private employers can ‘censor’ employee speech. For example, a bread company could fire an employee for vocalizing the health risks of consuming gluten because it could harm sales and is inconsistent with the company’s mission. The bread company, however, should maintain consistent speech policies and apply them fairly to avoid discrimination concerns.”
Leah provides examples that she’s encountered and lays the groundwork for organizations to align compliance and culture to protect themselves in a divided time.
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