Most employees in South Carolina are protected from job loss due to political expression outside work, but workplace restrictions may still apply.
COLUMBIA, S.C. — Campaign season is here, but before you put up those campaign signs, some employers are asking their workers not to endorse any candidates publicly.
However, Nekki Shutt, an employment law attorney with Burnette, Shutt & McDaniel, said the law protects most employees from being fired for political expression.
“You can’t be fired because you put someone’s sign in your front yard. You can’t be fired because you’re wearing someone’s t-shirt,” said Shutt.
Part of South Carolina Statute 16-17-560 protects workers from being “discharged” from their jobs “because of political opinions or the exercise of political rights and privileges” guaranteed in the Constitution. However, Shutt said the laws regarding bringing that expression into the workplace are less clear.
“We’re in a time of great civil discord, and it can be triggering for folks on both sides of the aisle if you wear shirts that say a certain thing,” said Shutt. “Some employers are banning all political activity in the workplace, and I don’t know that there’s anything wrong with that. That hasn’t been tested. Employers can have legitimate nondiscriminatory reasons to do that that are basically just to keep a harmonious workforce.”
Shutt said there are also different rules for federal employees because of the Hatch Act, which prohibits certain federal workers from political expression, such as publicly endorsing a candidate.
Ty, a Columbia resident, said he wouldn’t discuss politics at work because of today’s political climate.
“I would say before this election you would be able to wear a t-shirt supporting a person. That’s sensitive these days,” Ty said.
However, he says political expression outside the workplace is beneficial and should be protected.
“I think it’s important we have freedom of speech to keep that in America because we were built on that,” Ty says. “I think it’s a big difference between expressing yourself and promoting something and then forcing your beliefs on other people, but getting into debates, political debates in the workplace, that’s a no-go.”
