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First Amendment › Employment Policies

The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech... more +
The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -
Constangy, Brooks, Smith & Prophete, LLP

Miss Mannerly's five tips for political peace in the workplace

Constangy, Brooks, Smith & Prophete, LLP on

Election Day is almost upon us, Gentle Reader. Behave! Dear Miss Mannerly: My employees have strong political views, and since the Presidential debate the other night, they are out of control. They are split about evenly...more

Fisher Phillips

Election Season in the Workplace: Employers’ Essential FAQs for 2024

Fisher Phillips on

The election season promises to be turbulent, and your workplace will not be immune from the challenges that are sure to face us. What do you need to know about your rights and responsibilities as an employer now that the...more

Littler

Politics in the Workplace and the Risks of Social Media

Littler on

In 2017, former Supreme Court Justice Anthony Kennedy noted in Packingham v. North Carolina that the most important place for the exchange of ideas is no longer the physical town square but cyberspace and, in particular,...more

Mintz - Employment Viewpoints

Practical Policies for Politics: Some Guidelines for Managing Political Conflict in the Workplace

Mintz - Employment Viewpoints on

Political conflicts in the workplace will only grow as we near election day, and this means human resources professionals and in house counsel need to hone their conflict resolution skills.  Resolving political conflict in...more

White and Williams LLP

Talking Politics Can Lead to Employer Liability

White and Williams LLP on

This episode of The Employment Law Counselor Hosted by Jeff Stewart in collaboration with the Professional Liability Underwriting Society (PLUS), features guest John Baker, Director of Labor Relations, Del Lago Resort and...more

Robinson+Cole Manufacturing Law Blog

2024 Election – Can It Be A Hot Topic In Your Workplace?

Robinson+Cole Manufacturing Law Blog on

With the 2024 election fast approaching, and political news exploding, manufacturers are asking an important question: What is the role of political bobbleheads, pins, stickers, and discussions in the workplace?...more

Venable LLP

Political Activity Policies: Keeping Calm on Campus During the 2024 Presidential Elections

Venable LLP on

As the 2024 presidential election cycle is in full swing, schools should prepare for debate, discussion, and expression of a wide range of political views and beliefs. While political discourse can be a valuable tool in the...more

Dorsey & Whitney LLP

The Supreme Court Update - June 14, 2024

Dorsey & Whitney LLP on

On Thursday, June 13, the Supreme Court of the United States issued three decisions: FDA v. Alliance for Hippocratic Medicine, No. 23-235: This case involves an attempt to rescind the Food and Drug Administration’s...more

Goulston & Storrs PC

Navigating Politics in the Workplace

Goulston & Storrs PC on

In this election year, employees inevitably will engage in discussions of the impactful and divisive political issues that are at the forefront of our national discourse. Employers must be aware of the ways in which political...more

Franczek P.C.

How to Identify State Action in the Context of Public Officials Using Social Media

Franczek P.C. on

Social media has given public officials the ability to share information quickly and easily with their constituents and followers, even on their own personal Facebook and other social media accounts. When using a personal...more

FordHarrison

EntertainHR: Can Employers Do That? The Limits of Free Speech

FordHarrison on

Public debate about the Israel-Hamas war demonstrates that Americans have strong, and often divergent, views on important social and political issues. Believing that their right to express those views is firmly grounded in...more

Fisher Phillips

Election Season in the Workplace: Employers’ Essential FAQs for 2024

Fisher Phillips on

The coming election year promises to be turbulent, and your workplace will not be immune from the challenges that are sure to face us. What do you need to know about your rights and responsibilities as an employer now that...more

Parker Poe Adams & Bernstein LLP

New Year Promises Challenges to Employer DEI Programs

Parker Poe Adams & Bernstein LLP on

January 1 marked the effective date for a number of new state laws that attempt to restrict certain employers’ use of diversity, equity, and inclusion (DEI) programs. State legislatures are restricted under the First...more

Whitman Legal Solutions, LLC

Private Employers Often Can Restrict Political Speech at Work

Whitman Legal Solutions, LLC on

This article discusses whether an employer can discharge an employee whose viewpoint about the war differ from the employer’s. Although this article describes a recent news report about a pro-Israel business, the law applies...more

Fisher Phillips

When Employees Speak Out: An Employer’s Playbook for Responding to Controversial Opinions

Fisher Phillips on

Many people feel emboldened to publicly share their views on all sorts of controversial topics these days – politics, international relations, religion, culture, or any number of other incendiary areas where there are bound...more

Parker Poe Adams & Bernstein LLP

Executive's Race Bias Claim Over Termination for Podcast Comments Tossed by Fourth Circuit

Parker Poe Adams & Bernstein LLP on

Two of the biggest employment law fallacies we encounter relate to employees’ beliefs about the impact of their off-duty behavior on their careers. First, we see situations where the workers claim that employers have no right...more

Robinson+Cole Manufacturing Law Blog

Manufacturers’ Manual to Political Speech in the Workplace

Robinson+Cole Manufacturing Law Blog on

As we approach election season, conversations about politics are quickly picking up across the country and in the workplace. Employers may be wondering how they can manage communications in the workplace....more

Seyfarth Shaw LLP

Bitter Medicine: Third Circuit Holds Officers Disciplined for Offensive Social Media Posts Stated a First Amendment Claim

Seyfarth Shaw LLP on

Seyfarth Synopsis: On June 8, 2023, the United States Court of Appeals for the Third Circuit held in Fenico v. City of Philadelphia that police officers disciplined for offensive Facebook posts stated a First Amendment claim...more

Dinsmore & Shohl LLP

Smucker’s Vax Mandate Stands, Federal Court of Appeals Hands Broad Win to Federal Contractors

Dinsmore & Shohl LLP on

Private companies doing business with the federal government won a major COVID-19-related victory recently when the Sixth Circuit held in Ciraci v. J.M. Smucker’s Co. that government contractors are not subject to...more

Woods Rogers

What's the Tea in L&E? Government Employers: Is it Free Speech or Just Freely Complaining?

Woods Rogers on

What’s the Tea in L&E is a video series focused on the latest developments in labor and employment law. In this segment, WRVB attorneys Leah Stiegler and Emily Kendall Chowhan discuss a recent case involving free speech and...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Says Private Employers Not Subject to First Amendment Claims From Anti-Vax Workers

Parker Poe Adams & Bernstein LLP on

When a social media platform bans a celebrity or politician due to violation of its rules and standards, we frequently hear that individual complain that the action violates their First Amendment rights to free speech. Every...more

Pullman & Comley - Labor, Employment and...

Disciplining Employees for Offensive Private Speech: Connecticut Employers Must Show Workplace Disruption

Pullman & Comley - Labor, Employment and... on

Employers in Connecticut need to be aware that Connecticut law makes the free speech provisions of both the First Amendment to the United States Constitution and those of the Connecticut Constitution applicable to...more

Fisher Phillips

SCOTUS Review: 8 Key Rulings from Last Term that Impact the Workplace and 3 Issues We’re Watching

Fisher Phillips on

Many employers looked to the Supreme Court last term for clarity in cases with a significant impact on the workplace. The justices continued to shape the employment law landscape by ruling on an array of issues involving...more

Holland & Knight LLP

Employment Implications Arising from Dobbs v. Jackson Women's Health Organization

Holland & Knight LLP on

The U.S. Supreme Court issued its decision in Dobbs v. Jackson Women's Health Organization on June 24, 2022, overturning Roe v. Wade and Planned Parenthood v. Casey and holding that there is no right to abortion in the U.S....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employee Activism, Safety, and Support Amid Difficult Issues

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Recent social and political controversies, such as rulings from the Supreme Court of the United States, international conflicts, and mass shootings, are likely to cause more employees to voice their opinions and frustrations...more

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