In the days following the assassination of conservative activist Charlie Kirk, the news media began reporting on many stories of employees losing their jobs or getting in trouble at work over things they said or posted on social media about the killing. The most high profile example was comedian Jimmy Kimmel who was suspended from his late night talk show due to comments he made on the air.
These kinds of events and stories raise an important question for employers in New Hampshire. What can you do when employees express political views—whether during working hours or off the clock? The answer requires balancing business needs, employee morale, and legal obligations.
The Legal Backdrop
First, it is important to clear up a common misconception: the First Amendment generally protects individuals from government restrictions on speech, not from restrictions imposed by private employers. That means a private-sector employer in New Hampshire is not constitutionally required to allow political speech in the workplace.
Beyond that, at both the federal level and state levels, there is no general statutory protection for political expression in private workplaces. However, two areas are worth noting:
- The federal National Labor Relations Act (NLRA) protects employees who engage in “concerted activity” related to wages, hours, or working conditions. If employees’ political speech connects directly to workplace issues, that speech may fall under NLRA protections.
- State and federal anti-discrimination and anti-retaliation laws can be a factor. Employers need to be mindful when political conversations veer into areas tied to protected characteristics such as race, religion, or gender. Comments framed as political but that target individuals based on these traits can create hostile work environment claims. And workplace discipline that limits some kinds of political speech and not others can potentially give rise to claims of discrimination and retaliation in the enforcement of policies.
Political Speech at Work
Private-sector employers are within their rights to maintain order, productivity, and harmony by restricting political discussions during work hours. For example, if political debates are distracting employees or causing tension among staff, management can step in.
That said, context and application matters. A handbook policy that says “no political conversations during work time” will usually be permissible. However, if an employer has a practice of singling out one political viewpoint for discipline while allowing others to proceed uninterrupted is likely to create morale problems—and potentially, allegations of retaliation or discrimination. Employers should also remember that political speech about workplace issues (for example, conversations about union organizing or laws affecting pay and benefits) may receive NLRA protection, even if those conversations feel political.
Off-Duty Speech and Social Media
Many disputes arise when an employee’s off-duty political speech, especially on social media, is brought to management’s attention. Employers often ask: can we take action if an employee posts something controversial online on their personal social media account?
Generally, the answer is yes. In New Hampshire, employers may discipline or even terminate employees for off-duty political speech if it violates company policy, creates reputational harm, or affects the business. Unlike some states, New Hampshire does not have a “lawful off-duty conduct” statute that would otherwise shield employees’ private activities.
Still, caution is warranted. If an employee’s online post relates to working conditions—such as criticizing wages, hours, or safety concerns—it could fall within NLRA protections. Similarly, if the content involves discriminatory language tied to protected categories, employers may need to act promptly to prevent workplace liability.
Practical Steps for Employers
Because these issues can be tricky, New Hampshire business owners should take a proactive approach:
- Develop clear policies:
- Have written policies covering social media use, workplace conduct, and expectations for professionalism.
- Avoid blanket bans on “political speech,” which can be too vague and risk infringing on protected activity.
- Train managers:
- Supervisors should know when to step in if political discussions become disruptive or harassing.
- They should also be trained to recognize when employee speech may be legally protected.
- Apply rules consistently:
- Treat employees equally, regardless of their political viewpoints. Consistency reduces legal risk for claims of discrimination and retaliation, and improves workplace trust and morale.
- Evaluate situations case-by-case
- Consider whether the speech is tied to protected activity.
- Assess whether the conduct has a real impact on business operations or reputation before taking action.
Reducing Conflict in the Workplace
Even with good policies and practices in place, political disagreements can strain workplace relationships. Employers can take steps to reduce conflict and promote a respectful environment:
- Foster a culture of professionalism and respect, where discussions that create division are discouraged.
- Provide alternative avenues for employees to voice workplace concerns so that political debates are less likely to fill that void.
- Focus on content-neutral rules—for instance, minimizing all types non-business discussions during work time, rather than singling out politics.
For New Hampshire business owners, one of the most important things to remember is that private-sector employees do not have a general right to political speech at work or off duty. Employers have broad discretion to manage political expression, but they must navigate exceptions, including protections under federal labor law and anti-discrimination statutes.
By setting clear policies, training managers, and handling situations consistently and thoughtfully, employers can protect their businesses while maintaining a respectful workplace. Given the potential legal complexities, it is wise for employers to review their policies and decisions with legal counsel before acting.