Many Utah employers are finding that social divisions don't stop at the office door. Employees may bring strong opinions into the workplace - or express them online in ways that make colleagues or customers uncomfortable. For private employers with 15 or more employees, knowing what you can (and can't) do about employee speech - which includes words, actions, apparel, and written materials - is critical to staying compliant with Utah law while maintaining a respectful work environment.
In short, a Utah private employer may reasonably regulate speech inside the workplace to maintain productivity, civility, and a non-harassing environment. While an employer generally may not discipline an employee for expressing religious or moral beliefs, it may resort to discipline if speech is unreasonable, disruptive, harassing, or in direct conflict with the employer's business interests. The employer should also be even-handed in how it responds to different points of view.
Best practice for employers is to have a written employee policy addressing speech inside the workplace and then apply that policy consistently to all employees.
Utah private employers have less control over employee speech outside the workplace, but they can still protect their business interests. Employers generally may not discipline an employee for engaging in lawful expression of religious, political, or personal convictions outside the workplace. Examples of such expression would be posting opinions on social media, volunteering for a political campaign, or displaying a bumper sticker. However, an employer may discipline an employee if that employee's expression directly conflicts with the employer's business interests, such as harming customer relationships, violating confidentiality, or contradicting the employer's core mission. Again, best practice for employers is to have a written employee policy addressing speech outside the workplace (including a social media policy) and then apply that policy consistently for all employees.
When Speech Feels Objectionable
It's increasingly common for employers to face complaints about coworkers' speech - whether in the break room or online. In these cases:
1. Pause before reacting. Ask whether the employee's conduct is disruptive behavior inside of work or lawful expressive activity outside of work.
2. Focus on impact, not ideology. Address conduct that disrupts operations, creates a hostile work environment, violates company policy, or otherwise conflicts with essential business interests.
3. Be consistent. Apply the same rules to all viewpoints.
4. Review policies. Ensure your handbook distinguishes between work-related conduct rules (such as dress code and social media use) and employees' lawful off-duty expression.
Do you need help writing speech-related policies or handling speech-related situations with employees? Give us a call - we can help.
