My employer (a publically held US company) is encouraging employees to register to vote on an upcoming local (Oklahoma City) ballot measure, going so far as to set up a table with forms and HR people at the office to facilitate registration. All well and good, rah rah democracy, etc. However, the email which announced this also contained a large amount of what could charitably be called one-sided information (less charitably propaganda) regarding the ballot measure with the clear intention of influencing employees to vote yes without actually using the words “Vote Yes!”. Also, one of the executives stands to personally gain from the ballot measure, as it will directly benefit another, privately held company, of which he is a part owner. Is any of this legal?
In the late 80’s I worked for an employer, a defense contractor, that went so far as to have a PAC it encouraged employees to join and donate to. It was pre email, but memos were also circulated explaining which candidates best represented the company’s interests. Just ONE of the many things that prompted me to resign, and skip through the security portal on my way out.
I can think of some instances where something like this may be OK.
For example, if a certain ballot issue or candidate would directly impact the company, and perhaps the jobs of the employees, I think it would not be improper for the employer to impart that information.
If the candidate is a buddy of the employer, or it would line the pockets of the employer without effecting the employees, then I say no.
Which parts do you think are illegal and why?
Certainly, it’s legal for the management of a company to express opinions about politics. (Free speech, and all that.) I see only two possible areas of illegality here:
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If the company is expending resources to promote a ballot measure which will bring it no conceivable benefit, but instead will benefit another company held by one of its managers, that manager could be in breach of his fiduciary duty to act in the interest of the share-holders. This is a long shot–most likely management can provide some reason while the measure will benefit your company.
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Oklahoma may have restrictions on corporate contributions for or against ballot measures, and if your company is expending resources and failing to report it, it may be illegal. This is speculation–I have no idea whether Oklahoma does in fact regulate such contributions (or if so, how). Some states do, some don’t.
There are some cases where it’s definitely not only allowed, but expected. Newpapers routinely endorse one candidate or another in an election, and thereby suggest not only to their employees, but to their entire readership, which way to vote.
I think the only way there would be any legal problem would be if it extended beyond recommendation to pressure, with the suggestion that employees who voted the “wrong” way, or refrained from voting, would be penalized in some way (where exactly the line is between the two would have to be decided by a court).
In the USA people have threatened to remove the non taxable status of churches that have told people how to vote. They haven’t stopped tax paying companies from telling employees they should vote a certain way. Unions most certainly tell members to vote for a candidate. Breaking the law comes down to when they try to force you to vote for a candidate or you will be penalized.
My company suggests the way we should vote all the time. I rarely follow their suggestions.
Is it illegal to discriminate against employees for their political beliefs? If it is, then urging employees to take particular political positions may violate that law. However, just urging employees to register to vote, or to vote, without directing them any further would seem to be fine.
In general, it is not.
So, in juridictions where employment discrimination on political grounds is illegal (such as, I think, Australia and Canada), it might be a problem?
The OP is discussing a US company they work at. I didn’t take this thread to be about other countries.
I think a thread like this can just limit itself to a specific, like Oklahoma City, Oklahoma State and United States law, which would govern the particular instance, or we can talk about the issues in general, such as how a law might forbid an employer from directing its employees’ political activity – as long, of course, as we make it clear which we are talking about.
I’m curious–a couple of the earlier posts say that companies might make life difficult for employees who either don’t vote the way the company officers think they should or if the employees don’t vote at all. How would the companies know how or if the employees have voted? I know it would be very difficult, but if I were faced with those issues, I’d keep my mouth shut about how I voted. Anyone else agree?
It’s not discrimination. Now if they said “anyone that doesn’t vote for this initiative/candidate will get their pay docked/demoted/fired/less say in department or company decisions” or heavily implied such then it would be discrimination. As it stands they seem to just be saying “We agree with this ideology, we’re not going to say you have to vote this way, but we believe this is in the best interest of the company and yourself. it’s still your decision though.”
If there’s any way to post the email without breaking company policy (I’d also advise censoring names and such of course) I’d love to see it, as it may clarify things a bit, but I can udnerstand if it’s not feasable.
You probably can’t prove it (unless voter initiatives and such are public ballots, I don’t think they are but they may be), but it’s nott aht hard to get people to say their BELIEFS and then do a little bit of logical jumping and possibly extrapolation to figure out they PROBABLY didn’t vote the way you wanted them to.
Wow, two Dopers at the same company!
I’m curious as to what this ballot measure is, and how it will purportedly help the company.
My employer (a financial services company) has never suggested how we vote, but if there is a piece of legislation pending that affects our industry they will point that out to us and suggest we write our representatives. They do this very rarely.
I know of no law in the United States that prevents a purely private employer from advocating political positions or, indeed, discriminating on the basis of political preference. The Hatch Act does restrict government officials from pressuring subordinates politically, but I don’t believe it applies to private employers.
Unless someone comes up with a good legal cite from federal, state, or local law, I think the answer is that yes, employers can suggest how employees should vote and can fire you if you express disagreement with them (unless you are protected by something like the Hatch Act or an employment contract that explicitly provides for such protection).
I don’t think they can try to force you to vote a particular way … the ballot is secret and they can’t follow you in to the voting booth to watch you vote.
My employer does the same. We’ve never been suggested how to vote, though.