This Wisdom of the Crowd, compiled from responses posted on the Compliance and Ethics and Litigation Forums,* addresses whether an employer is allowed to recommend who employees should vote for in state elections.
*(Permission was received from ACC members quoted below prior to publishing their Forum Comments in this Wisdom of the Crowd Resource)
Question: Our Senior Management wants to send a letter our to employees making recommendations on who they should vote for in state elections. This makes me very uncomfortable but I am not sure if this is illegal. Any assistance is appreciated.
Wisdom of the Crowd
Response #1: In my honest opinion, I vote no. It is not illegal to send out but some people will resent it. If it is sent, there should be a big disclaimer that no one is being told to vote a certain way. Also it invites people with opposing views to campaign or post signs on their workspace or to send company wide e-mails. Pretty soon nobody is working. If you are subject to an organizing campaign, it will be harder to defend a non-solicitation ban.1
Response #2: I completely agree with Response #1. Even with a disclaimer, it would be perfectly reasonable for employees who hold different views to feel that they are not welcome and that they dare not say anything for fear of retaliation. I don't see anything good coming from this action. It also strikes me as slightly paternalistic by making the employees feel inferior to their "superior" boss.2Response #3: I ran the question by a colleague and he was very surprised. But then he recovered and said that he could think of one circumstance where it might be warranted: a ballot initiative involving a narrow issue that directly impacts the company.3Response #4: This is troubling. Some states prohibit employers from influencing employees' voting choices (e.g., Ohio). I would check to see if you are in one of those states.4Response #5: Troubling, indeed. Why would your employer (senior management) feel they have a right to tell employees how to vote? I find that odd, not to mention the possible state law prohibitions mentioned by the previous poster. 5Response #6: This is deeply troubling. Even though I do not know what state your employer is located in, I strongly doubt it is allowed in that state. From a common sense perspective, it just does not make good business or legal sense.6
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1William Davis Harn, Senior Vice President and Senior Counsel, City National Bank (October 25, 2016). 2Deborah Schwartzer, General Counsel, Aeris Communications, Inc. (October 25, 2016). 3Deborah Schwartzer, General Counsel, Aeris Communications, Inc. (October 26, 2016). 4Timothy Williams, Vice President and Assistant General Counsel, Meijer, Inc. (October 25, 2016). 5Anonymous (October 25, 2016). 6Joconde Gaubert, Former Managing Counsel, Structural Group, Inc. (October 25, 2016).
Region:
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