Article: Workplace tensions After Roe v Wade Overturned
By: Suzanne Lucas (The Evil HR Lady)
July 15, 2022
Q: I thought we were a pretty apolitical office right up until the Supreme Court overturned Roe v. Wade. Now it seems like everyone is a political activist, and feelings are hurt.
Is there any way to reduce the political tension in the office?
Yes, and it starts with leadership.
First, it’s vital that you know the facts surrounding Dobbs v. Jackson (the case that overturned Roe v. Wade). Your employees may or may not care about the facts – today, people seem to prefer whatever creative meme appears in their social media feed. But here are the facts.
Dobbs did not outlaw abortion. It returned the decision to the states, so every state is now subject to its own laws.
If your business operates in multiple states, you could have employees with very different situations. But it’s important to consider that even if you operate in the bluest of blue states or the reddest of red states, you likely have people working together from each side.
Now that you know the facts, let’s devise a solution for making things less tense at work.
Treat your employees like kids This may seem like odd advice, but schools try to teach their teens how to communicate with each other when there is a contentious subject. You can easily transfer the principles that teenagers learn to your business.
Train your employees to remember the following things:
Tell everyone to get back to work Employees don’t have the right to discuss politics at work! In fact, with a few exceptions, employees in the private sector don’t have free speech while on the clock. You can tell them to leave the discussion for after work.
This can be a bit harsh, though. Rather than banning the topic, I recommend redirecting them back to the task at hand. “We’re never going to finish this report on wastewater if we keep focusing on politics.”
Remember state and federal laws While employees don’t have the right to free speech at work, they have the right to be free from discrimination based on religion or lack of religion.. So, you can’t fire or discipline someone who disagrees with your position (or the company’s) if their objections are due to religion – yours or theirs – unless it would cause an undue hardship on the company.
For instance, if your company is one of the many that said they would cover the costs for an out-of-state abortion and your payroll person says it would violate her religious conscience to process the payments for that, you’d have to prove that having someone else do that task would be an undue hardship on the business before you could take negative action.
Likewise, if your company adopts a pro-life stance and wants everyone to stand in a picture proclaiming that your companies support life, you’d have to prove it was an undue hardship to the company to have someone not in the picture if she can argue that this stance is based on your religious beliefs. You can’t punish someone for disagreeing with you based on religion.
Some state laws go further and protect not only religious views but political views as well. For instance, California prohibits discrimination based on political views while North Dakota and Colorado outlaw discrimination against any lawful activity done outside of work. And Louisiana? You can’t discriminate against political views including your employee running for office.
So, if your loud-mouthed employee is leading marches in the street, as long as the march is legal, Colorado and North Dakota employers have to ignore it and ensure there is no retaliation.
If you want to take any disciplinary action against someone because of their views on the Dobbs decision, please consult with a local employment attorney to make sure you aren’t violating the law.
Set an example The most important thing here is for HR and other leaders to set an example. If you’re rude, tear people down who disagree with you, or can’t focus on your work, then the rest of the company will follow. If you’re polite, disagree without being disagreeable, and focus on your work, everyone else will follow.
And while abortion is the hot topic right now, the midterm elections are heating up, so setting a good standard for political discussions now will benefit your company through the November elections.
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