BUFFALO, N.Y. -- It may sound like a cliche but co-workers do still gather around the water cooler or in the office break room to chat.
Phillips Lytle LLP Partner Jim O'Connor, who focuses on litigation and employment law, said it's best to keep discussions light with topics like what people do with their free time.
"The Buffalo Bills is always a good topic of discussion, particularly here in Buffalo," he said.
However, O'Connor acknowledged with the presidential election approaching on Nov. 5, conversations about politics may be inevitable.
"Politics is a current event these days and will continue to be so in the lead-up to the November election and in my practice we certainly expect to see more and more of these issues arise with clients," he said.
The attorney said he is advising employers to get proactive about protecting themselves and their employees from the negative outcomes of those topics that have the potential for heated discussions. Those outcomes could include litigation, discipline for employees and even termination.
"Anytime you're discussing politics, you could touch on a person's race, religion, national origin, any other protected characteristic and we want to be mindful of violating any anti-discrimination or anti-harassment laws," O'Connor said.
Employers in New York do have the right to set reasonable limits on political conversations and displays in the workplace. However, O'Connor advised against blanket prohibitions.
The National Labor Relations Act requires employees be able to discuss any topics that relate to working conditions, like pay, benefits and workplace safety.
"To the extent there are political candidates or political parties who have positions on these issues, employees need to be permitted to discuss them," O'Connor said.
He admitted it is a delicate balance and employers may want to get ahead of polarizing current events like debates, immigration and candidate safety with mass emails and redistribution of policies. O'Connor said that approach has other benefits as well.
"When employees are discussing politics and current events, they aren't doing work and being productive so if an employer has a policy that limits discussion amongst employees, that can absolutely be the basis for discipline or limiting that discourse," he said
It's a reminder that elections have consequences, but talking about them at work can too.