Debating Politics at the Office: Is It Normal, Pushy or Flat-Out Inappropriate?

Office partisans may not be protected from being fired over political speech.

ByABC News
October 29, 2010, 4:14 PM

Nov. 1, 2010 — -- Real estate agent Kristan Malin isn't shy about expressing her political views, especially at the office. The 47-year-old Tea Party supporter leads a team of four employees and among them, she said, conversations about subjects like taxes come up naturally. With her encouragement, one of Malin's employees has joined her at Tea Party rallies.

"I'm passionate about it," the Florida woman said. "I think it's just good for people to get educated and have that exposure."

With midterm elections inciting political fervor across the country, attitudes like Malin's seem more common.

In Canton, Ohio, a McDonald's franchise distributed handbills to employees urging them to vote for Republican candidates running in the state's governor, Senate and House races. (McDonald's corporate headquarters in Oak Brook, Ill., condemned the action.)

Deborah Weinstein, and employment lawyer and adjunct professor at Wharton Business School, said that, like it or not, workplaces now are often a venue for airing opinions on candidates and public policy.

It's symptomatic, she said, of the increasingly casual nature of American workplaces.

"People tend to bring everything into work," said Weinstein, who provides workforce consulting services to large companies. "There's less of a line between work and home."

But just because you can debate politics in the office, should you?

Employee-side labor attorney Donna Ballman says no. With the exception of government employees, she said, the law doesn't protect workers from being fired over political speech.

Ballman said she's worked with at least three clients who suspected they were dismissed from their jobs for either supporting or opposing President Obama in the 2008 election.

"People are absolutely shocked that they have no First Amendment rights at work," she said.

It's not only employees who stand to suffer. Weinstein said bosses have called her worried that standoffs over politics are hurting company productivity.

"Even if people are longtime friends, they can get into a real knock-down, drag-out argument at work. It disrupts the office and everybody who sits in that area will get involved with it," she said. "Essentially, these things end when one person says, 'I'm not talking to you any longer,' and because they sit next to each other at work, this is a very difficult situation."

Weinstein advises supervisors to diffuse political tensions by stressing that while everyone has their own ideas, they all have to work together.

"You're not going to get people to agree but you can lower the temperature," she said.