A model policy that recognizes employees’ lawful off-duty expression, religious exercise, association, and civic participation outside of work while preserving narrow, objective limits tied to legitimate business interests.
The language below combines an affirmative recognition of employee rights with narrow, objective limits tied to legitimate business interests. | |
OFF-DUTY EXPRESSION AND CIVIC PARTICIPATION POLICY[Company] respects employees’ lawful off-duty speech and expression, religious exercise, association, peaceful assembly, and participation in social, civic, or political causes. [Company] will not take adverse action based solely on an employee’s lawful off-duty beliefs, associations, expression, or peaceful activities when the employee acts in a personal capacity, and does not represent that the employee is speaking on behalf of the company, subject to the limited circumstances described below. [Company] may address off-duty conduct that is unlawful or violent; contains a true threat or targeted harassment that materially affects the workplace or violates applicable law or a consistently applied workplace policy; discloses confidential, proprietary, or legally protected information; creates an actual, material conflict of interest; materially interferes with job performance or the company’s ability to carry out its operations; falsely represents the employee as speaking for the company; or uses company resources or property without authorization. Nothing in this policy limits any rights or obligations provided by applicable federal, state, or local law, including protections relating to religious belief or practice and protected employee activity. | |
Implementation Note: Review the company’s code of conduct, social media policy, political-activity rules, conflicts policy, harassment standards, employee handbook, and other policies affecting legally protected employee activity to ensure that no broader provision undermines this protection.
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