While the First Amendment protecting free speech exists for public companies and government agencies, it does not generally extend to private companies.  And while some speech is protected under the National Labor Relations Act (NLRA), such as discussions about pay and working conditions, political conversations are not protected under federal law at all. 

If you would like to establish a policy keeping politics out of conversations at work, you can do so.  Should you choose to do this, you may want to establish that you are doing so to prohibit conversations that may become aggressive, threatening, disrespectful, or worse.  You may choose to prohibit public-facing employees from wearing political paraphernalia.  And you should remind employees of your policies around code of conduct and workplace safety such as non-harassment and discrimination. 

Affinity HR Group is BSCAI's endorsed HR partner, providing HR support, recruiting and employee engagement services. For a link to our menu of services for BSCAI members, go to www.AffinityHRGroup.com/BSCAI.