Yep, for the most part. But there are a few wrinkles worth knowing about.
A common misconception is that the First Amendment protects what employees say at work. As the lawyers reading this know, it doesn’t. The First Amendment limits government restrictions on speech. It does not apply to private employers, including nonprofits. So as a general rule, your organization can set policies restricting political discussions during work hours, on work equipment, and in work spaces (including Slack and email for the remote organizations out there).
That being said, there are a few things to watch for:
1. Your 501(c)(3) status. The IRS absolutely prohibits 501(c)(3) organizations from participating in political campaign activity. Your staff can still engage politically as individuals, but they need to keep it clearly separate from their role at your organization. Senior leaders especially should be careful not to create the impression that the organization itself is endorsing a candidate or a party.
2. Some states protect employees’ off-duty political activity. California, Colorado, New York, and others have laws that limit an employer’s ability to discipline someone for lawful political activity that happens on their own time and off company property. The scope of these protections varies by state, so check your specific jurisdiction before acting. And if you’re in D.C., you should know that D.C. law prohibits employment discrimination based on political affiliation (meaning membership in or support for a political party, not political views generally).
3. The National Labor Relations Act. Even in a nonunion workplace, the NLRA protects employees who engage in “concerted activity” about working conditions. That protection can overlap with political speech more than you might expect. If staff are discussing a ballot measure on minimum wage, debating healthcare policy as it relates to their benefits, or pushing back collectively on a new scheduling rule, that conversation might be protected under federal labor law, even if it sounds political. A workplace policy that’s too broad could unintentionally sweep in activity the NLRA protects.
4. Be even-handed. If you enforce a workplace policy on political speech, apply it evenly across the board. Allowing one viewpoint while disciplining another is a fast path to discrimination or retaliation claims, particularly where political discussions touch on race, religion, or other protected characteristics.
It’s smart to have a written, content-neutral policy that sets expectations around political expression during work hours. Train your managers on it! And before you discipline anyone over something they said or posted, check whether your state’s laws or the NLRA protect that particular activity.
