Freedom of Expression; When Non-work-time Activities Come Back to the Workplace
Recent events on the national stage have enflamed, enraged and emboldened people from all over our country to express opinions and make pronouncements that have taunted, insulted, frightened and threatened others who would disagree. The national debate regarding an individual's freedom to make controversial pronouncements has been front and center as much now as in any other time since our founding as a nation. The suspension and subsequent reinstatement of Jimmy Kimmel, regardless of what you think about his show, his persona or his comedy, highlights this challenge brilliantly. While this debate rages on in our public forums, on television and in our social media platforms, business leaders must also be aware of how freedom of expression is manifesting in and impacting our workplaces.
Many believe that we have absolute freedom to express any opinion, other than a direct threat of or incitement of violence, regardless of the location or context, at any time. Many feel that the First Amendment to our Constitution gives us that right. However, what we often forget is that our right ends where they may impinge upon another person's equally valid rights. In the workplace, this means that our freedom of expression is not an absolute protection. Our publicly expressed words may conflict with the beliefs, opinions and experiences of our employer. Public expressions may conflict with our employer's customer's strongly held beliefs. When publicly expressed opinions encounter private opposition and/or public reaction, the Constitution does not absolutely prevent all negative repercussions employees may face in the workplace; Business leaders must their interests and rights to control their property and the financial well being of their organization.
Business leaders face a challenging conundrum; they must balance respecting the employees' right to conduct themselves in a manner of their choosing outside of the workplace with the potential impact that these employees' inflammatory comments may have on customers or other employees. Balance is not easy. Severing ties with an employee that expresses a political opinion different from the business leaders's own stated beliefs may undermine credibility with other employees or customers. Likewise, retaining an employee that openly expresses socially taboo beliefs can also damage a business's reputation and standing in the respective market place. Addressing these kinds of challenges requires thorough investigation, thoughtful consideration and nuanced decision making, all of which are difficult in the best of times.
Before making reactionary decisions, employers need to work closely with qualified, competent Human Resources professionals to best understand the wide variety of employment related risks and implications. HR professionals must also work to understand the business challenges that may arise from customers, clients and other organizations. In this way, HR professionals enable business leaders and owners to make informed, nuanced decisions. Good HR helps business leaders find that elusive balance between respecting employee freedoms and protecting business interests.