Kacey Riccomini Discusses Employer Obligations for Workplace Speech

Thompson Coburn partner Kacey Riccomini wrote an article for Risk Management Magazine that emphasizes the importance of employers staying vigilant about the proper handling of political discussions in the workplace as the election approaches.

“If political discussions become inappropriate, or speech violates Title VII of the Civil Rights Act of 1964, California’s Fair Employment and Housing Act (FEHA) or other laws, employers should enforce their policies against harassment, discrimination and retaliation in the workplace,” she wrote. “However, these policies should not be so broad that they discourage or inhibit protected activity.”

Kacey also addressed the complexities of online speech, writing that employers must be aware of the protections and limitations surrounding online speech that could impact the workplace. “For example, California prohibits employers from asking for employees’ or applicants’ login information to social media or other online accounts, asking employees to access their social media while the employer is present (“shoulder-surfing”), requiring that employees disclose their social media, or retaliating against employees or applicants who refuse to divulge their social media information.”

Click here to read the full article.