As Political Polarization Intensifies in Workplace, Employment Lawyer Gabel Suggests Tips

As Political Polarization Intensifies in Workplace, Employment Lawyer Gabel Suggests Tips

Recent headlines about two incidents just underscored that after last November’s US Midterm elections, political polarization is not going away anytime fast and anytime soon. 

“MAGA hat teenager: Kentucky town reels from death threats and protests over stand-off with Native American man”

“She asked him not to wear his Trump shirt at her gym — it caused an uproar”

Political polarization in the United States has sunk deep into our homes, our families and friendships, into our places of worship, and now onto the steps of the Lincoln Memorial and even into our everyday fitness centers. As GOP pollster Frank Luntz found, “nearly a third surveyed say they had stopped talking to a friend or a family member because of disagreements over politics.” 

As a result, this omnipresent polarization has now also swept into our workplace. A recent LinkedIn survey showed that of the top 10 challenges employees face in the workplace, ranked #3 was “Dealing with coworkers.” 

Furthermore, this challenge is exacerbated by the Pew Center finding “partisan identification is now a bigger wedge between Americans than race, gender, religion or level of education.”

A Harris Poll also surveyed workers about how election politics affected their work lives: 40% had experienced negative effects of workplace political discussions; and, 31% had witnessed political arguments, with 15% having gotten into arguments themselves.

So, let’s talk to San-Francisco-based Mark Gabel, an insightful employment lawyer who now primarily represents employees, but has extensive experience representing employers, too.

During the 2016 US election campaign, Gabel had a Muslim client, who faced wrongful dismissal over false accusations by another employee who vocally supported Trump. Finally and happily, Gabel recalls, “We got the employer to reverse that workplace situation. Instead, the two employees were separated and relocated to two different places to avoid conflict. Certainly, this scenario is becoming more evident as tensions are exposed in the workplace.”

And, it’s not going away, Gabel warns.

SHOULD EMPLOYEES TALK POLITICS IN WORKPLACE

“Generally, people should be allowed to talk about their political views.Certainly, if you know people share your views, then it’s fine to talk about issues. But, office politics is hard enough as it is, so injecting electoral opinions into it is not going to help things. We see differing views and polarization even with friends and family. Similarly, in the workplace, when you know there are differences, you have to be careful with what you say. And, unless you know where a fellow employee stands, it’s not a great idea to raise topics proactively.”

WEARING A MAGA CAP 

Trump Tweets.jpeg

In the Twitter "Octagon" – Getty Images

“Likewise, people should be allowed to wear what they want, and most workplaces generally allow that. But it’s not necessary to bring what may be a provocative MAGA cap or Planned Parenthood shirt into an already polarized environment. Therefore, you have to read your environment. 

“Probably, subtler things are okay. Like someone who supports LGBT rights, and they want to wear a rainbow badge or ribbon. So, as far as flat out political slogans, it’s generally a pretty good idea not to bring that into the workplace. Unless you have some level of comfort that people agree with you, and won’t be upset with it.”

CAUSE FOR FIRING AN EMPLOYEE

“So, if you’re running around proselytizing in the office and others are bothered by it, you could potentially be fired for it. Likewise, if you’re trying to recruit people for political campaigns, or trying to get them to donate money to a candidate. While, there’s nothing specifically illegal about doing that, it may cause others to be uncomfortable. Consequently, it may cause an HR department to make a decision because they don’t want an employee to make others feel pressured.”

THAT IMMIGRATION CHESTNUT

“Also, political views are one thing, but certain political arguments can raise questions about whether someone is being treated differently because of their race, religion, national origin, or ethnicity—which is against the law. Say you have an employee who’s vocally anti-immigrant. And on the other hand you may have someone who’s known to be an immigrant, or the child of immigrants. As a result, the second person may feel like they’re being targeted by that first person, and wonders if they are being treated differently because of their national origin. If they are, that’s illegal.”

RESPONSIBILITY TO CREATE SAFE ENVIRONMENT

“The employer is supposed to manage things to prevent employees from abusing each other or even making each other uncomfortable. Practically and legally, they’re the ones who need to do that. That said, every employee has a role to play, too. The golden rule generally may not be a bad way to go: try to avoid arguments over political issues at work, so that other people won’t start arguments with you.” 

So, logically, it seems that the golden rule is the way forward. 

IS POLARIZATION HERE TO STAY?

In contrast, US-based journalist Ezra Klein has been writing about political polarization and wonders if it’s going to get worse even if it ends up with the Democrats taking back one or both Houses. A recent article of his said it all — “When Twitter users hear out the other side, they become more polarized.” Furthermore, Klein also wonders if we the media are “making American politics worse?”

Hence, he suggests, we’re “getting played by the outrage merchants and con artists and trolls and polarizers who understand this new world better. President Trump is the most successful media hacker out there, but he’s not the only one. We’re being used to fracture American democracy, and I don’t think we know how to stop it.”

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Employment lawyer Mark Gabel suggests helpful tips (not legal advice)

For that reason, lawyer Mark Gabel concludes: 

“My personal view is that we have to try and get along with people on the other side as much as we can. I have strong political views, but I try to give people the benefit of the doubt. By default, I assume people are decent, that whatever political views they hold, they believe they what what’s best thing for the country, even if I think they’re wrong.”

Note: "This article is not legal advice. It is for informational purposes only. Readers should NOT rely on it when making any legal or employment decisions. If you have legal issues, please hire an attorney to advise you about your situation." If you have any employee related questions about your workplace, check in with Mark Gabel at his law website.

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  • Reece Melvin

    Increased racial and ethnic diversity is a strength not a weakness.

  • ashley collie

    In reply to: Reece Melvin

    Totally agree, Reece, inclusionism is the way forward, not building walls. Thanks for commenting!

  • James Murphy

    Brillant read

  • ashley collie

    In reply to: James Murphy

    Thanks a lot, James, much appreciated. And cheers for commenting!

  • Thomas Locke

    Americans are increasingly living in politically like-minded communities.

  • ashley collie

    In reply to: Thomas Locke

    Yes, Thomas, yes indeed, but change is afoot. Did you see photos of the New US Congress: one side was white older men in dark suits; the other side was like the United Colours of Benetton — women, men, young and old, muslims, jews and christians, blacks, whites, browns and asian. And, the white patriarchy and racist elements are being sent to their corner. Time to grow up or remain on the outside in the increasingly diverse America.

  • Aaron Serrano

    We can't have a conversation because half the people are dumb as hell, and the other half gets offended by everything.

  • ashley collie

    In reply to: Aaron Serrano

    Thanks for commenting, Aaron, but it's actually only 30% of the eligible voters who are voting against their own interests. If the other 70% voted, there would be a new face, and it's coming. People like AOC, social media savvy, young, Latina, not privileged, and not afraid to take on the crumbling patriarchy!

  • Matt Dalton

    I think a lot of the problem here is that many people in society today seem to be willfully ignorant and apathetic. It seems that a lot of people don't know, or just don't care, what the other side believes. I think that George Washington had the right idea where he thought that we shouldn't have parties. I admittedly cannot vote as of yet, but if I could now I would not vote for the party, I would vote for the person.

  • ashley collie

    In reply to: Matt Dalton

    Good thoughts, Matt, thanks for commenting. And you're right, a two-party system where one is right and the other wrong is just counter-intuitive to progress!

  • Aaron Serrano

    We are a polarized people and we are surrounded by those who agree with us on a daily basis.

  • ashley collie

    In reply to: Aaron Serrano

    I actually listen to other viewpoints, Aaron, even if they are wrong. Hahahah! Thanks for commenting!

  • Lewis Keilty

    The biggest difference this election is that politics has combined with culture, where in the past it was separate from culture. Never before has so many business, and Hollywood movie/music, and YouTube stars made their way and voiced their opinions in politics.

  • ashley collie

    In reply to: Lewis Keilty

    Thanks for commenting, Lewis. Change is afoot...

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Ashley Jude Collie

Entertainment Guru

Ashley is an award-winning journalist/author/blogger who has written for Playboy, Toronto Star, Movie Entertainment, Sports Illustrated, Maclean's and others. He's interviewed various "leaders" in their fields, including: Oscar winners (Matthew McConaughey, Jennifer Lawrence, Alicia Vikander, Jane Fonda, Mira Sorvino, Geena Davis, Anthony Hopkins); Grammy winners (Bruce Springsteen, Paul McCartney, Ice Cube, Pete Townshend); MVPs in sports (Peyton Manning, Tom Brady, Wayne Gretzky, Kobe Bryant); and, business leaders (Amazon's Jeff Bezos). He has an upcoming novel, REJEX, coming out on Pulp Hero Press. And he has written several episodic TV shows, appeared on CNN, and blogged for Mademan, Medium, GritDaily and HuffPost.

   

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