Political tensions aren’t just playing out on the news or in social media—they’re showing up in the breakroom, on the production floor, and in Teams chats. For HR, the challenge isn’t just about managing conflict—it’s about protecting culture, navigating risk, and knowing where the legal lines are.
In a recent HR HotSpot webinar, employment attorney Aaron Goldstein, partner at Dorsey & Whitney, joined Verstela’s Chief Strategy Officer, Jenifer Lambert, to address one of the most charged questions facing employers today: How should companies handle political speech in the workplace—legally and responsibly—in 2025?
What private employers need to know
Aaron reminded attendees that private employers are not bound by the First Amendment in the same way government entities are. In short: employees don’t have an unfettered right to say whatever they want at work.
But just because you can restrict speech doesn’t mean it’s always wise to do so. Aaron emphasized that the best approach for HR is to set clear expectations around conduct, not viewpoints.
Viewpoint-neutral policies are key
Aaron cautioned against policies that single out specific causes, slogans, or political perspectives. Instead, he recommends policies that apply consistently and neutrally across all types of expression. For example:
- Restricting any non-work-related slogans on uniforms
- Defining workplace conduct and communication in terms of respect and professionalism
- Focusing on behavior, not ideology
When policies are enforced consistently—and aligned with company values—they’re more likely to be legally defensible and culturally sustainable.
What about off-duty speech?
While Aaron didn’t go deep into off-duty conduct, he noted that when personal expression crosses into the workplace—by creating disruption, conflict, or a hostile environment—HR may need to step in. The key is staying consistent, documenting concerns, and understanding state-specific protections around political affiliation or lawful off-duty activity.
Want more? Watch the full session
This conversation was just one of several big legal questions Aaron tackled during the webinar. He also covered:
- How to handle wage and hour class actions
- Whether to fight or settle single-plaintiff claims
- How to navigate ADA leave requests that may be made in bad faith
If you’re looking for candid legal insight—and the right questions to ask your outside counsel—this webinar is worth your time.
This session is approved for HRCI and SHRM recertification credits.
