may not be grounds for action.
In fact, in many workplaces, differing
views are regularly exchanged in a respect-
ful manner. It could be a part of the busi-
ness culture, or simple water-cooler talk.
In that case, employers should distinguish
between acceptable and lawful "shop talk"
and where there is a risk of conduct devolv-
ing into unacceptable conduct that could
be found to be in violation of the law or
workplace policies.
To the extent that activism ends up
becoming bullying, harassment, or be-
haviour that could spark conflict in the
workplace, potentially disrupting the
employer's productivity or workplace cul-
ture, it could set the stage for discipline.
In some cases, the employer may simply
want to remain neutral and not have any
specific viewpoint connected to its brand.
at's why it's so important to have poli-
cies outlining how views or values should
be communicated across and outside
the organization and, perhaps, the spe-
cific reputational interests that could be
harmed by inappropriate behaviour.
Rank in organization a factor
Another important point to note is that
an employer's level of tolerance for a staff
member's protest or expression of politi-
cal views is often linked to that individual's
rank and role in the company. If an em-
ployee is the "face of the franchise" a la star
quarterback Kaepernick — or, in a corpo-
rate context, a top executive or salesper-
son, for example — an organization would
have a far easier time arguing a negative
brand or reputational impact if that em-
ployee's actions can be even indirectly tied
to the business.
No matter the context, employers should
still deal with the matter delicately if an em-
ployee decides to "take a knee" and make
a political, cultural or social statement.
But they also need to remember their
rights and consider the potential harm-
ful consequences if that opinion becomes
inextricably linked to their brand. It's a dif-
ficult balancing act that's only made more
complicated in the social media era when
every employee has a platform to express
his beliefs.
Canadian HR Reporter, a Thomson Reuters business 2017
November
22,
2017
|
Canadian
Employment
Law
Today
ABOUT THE AUTHOR
LAURA WILLIAMS
Laura Williams is the founder and principal of Williams
HR Law, a human resources law firm in Markham, Ont.,
serving employers exclusively. She can be reached at
(905) 205-0496 or lwilliams@williamshrlaw.com.
CREDIT: EDUARDO MUNOZ/REUTERS
