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Personal Dilemmas

Talk at work
Odds are, talk of war and other current events have crept into a conversation you've had at work. Discussions in some workplaces have turned into heated arguments. According to one poll, such discussions initiated by employees with passionate and opposing opinions create conflict and distractions at work leading to lost productivity.

The poll, conducted by ComPsych, showed an increasing number of reports from managers and employees about disruptive discussions at work. It also pointed out that such subjects can turn into debates that undermine teamwork and bring work to a grinding halt.

Nevertheless, politics and other news events are on most people's minds. So can your employer restrict you from sharing your views about current events? If you work in the private sector, the answer is, yes.

"With the exception of employees' limited right to exercise freedom of religion under Title VII of the Civil Rights Act of 1964 and rights to engage in protected concerted activity under the National Labor Relations Act, I'm not aware of any law that limits employers from regulating employee speech in the workplace," says Daniel Emerson, partner with Bose, McKinney& Evans, LLP in Indianapolis.

In other words, an employer can lawfully discipline you - even dismiss you - for simply saying, "I don't like the war or I think it's bad or immoral," says Emerson.

After September 11, controversy sprang up all over the place about whether employers could regulate what people talked about at work and what was an acceptable way to demonstrate patriotism. Some employees were disciplined for their comments.

But is it a good idea for an employer to get in the middle of such a discussion and penalize people for expressing their opinions?

"People at work comment on news items. They argue about sports and politics. Lively debate is not unhealthy," says Emerson. "I'd caution an employer about getting involved, even though they lawfully could."

On the other hand, an employer does need to draw the line if the debate is interfering with production, causing hurt feelings among employees or running the risk of getting out of hand, he adds.

But when it comes to productivity, airing employees' views may be the least of some employer's worries. When war with Iraq loomed, anti-war organizers had warned there might be widespread walkouts at workplaces, as the peace movement got more support from labor unions and middle-age professionals.

Here too, employees are on shaky ground.

"Walking off the job to protest things like the war probably would not be protected under the National Labor Relations Act, which allows for people to walk off the job to protest working conditions or other terms and conditions of employment," says Emerson. It would be quite a stretch to walk off the job for a political reason--and you can be disciplined for such an action, he adds.

In general, be smart about when and how you share your thoughts and feelings about any subject at the workplace. And make sure your comments don't have a negative impact on what you're being paid to do - work.

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