The concept of “free speech” is as American as apple pie. However, any employment litigator or human resources professional can tell you that free speech and what is appropriate in the workplace are very different concepts. In this presidential election year, where the rhetoric from both parties is more polarized than ever, our understandings of free speech and appropriate workplace conversations are beginning to collide. Employers and risk managers need to take heed and ensure that political discussions do not cross the line into potential hostile work environment claims.
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