Protests in response to political developments and racial injustice remain an active element in cities across the country. Tonkon Torp partner Clay Creps was recently interviewed by the Portland Business Journal about political speech in the workplace. He shared his labor and employment law expertise in a wide-ranging conversation about legal rights, protections and considerations related to employees engaging in protests, social unrest and political speech in the workplace and on their own time.
Clay explored First Amendment rights for employees and legal protections for both employees and employers around political expression, and provided scenarios for the legality of disciplining or firing employees who participate in protests or illegal activity on their own time and in the workplace, which can be either onsite or a remote location. Throughout the conversation, Clay offered advice about responding to racial injustice inside and outside the workplace, creating and consistently implementing rules and policy around political speech, and how to avoid claims of discrimination.
Clay also hosted a webinar in June 2020 that provided even more detail on political expression in the workplace. A recording is available here.