In the days following the tragic assassination of Turning Point USA founder Charlie Kirk, businesses across America found themselves in a compounding crisis. Employee speech and actions, perceived by some to endorse violence, triggered backlash and disciplinary action. Some national leaders, like Vice President JD Vance, called for citizens to tell each other’s employers if they thought an online post crossed the line.
Such incidents require you as a legal or human resources professional to expertly handle complex concerns around freedom of speech, safety, workplace culture, and discrimination. Lacking a consistent and well-documented approach opens the door to discrimination and defamation lawsuits and invites negative press.
Here’s how to move from reaction to a proactive, thoughtful response.
1. Set General Boundaries Up Front
Tragedies are unexpected, and employee reactions come fast. If you have not already established general guidelines, such as a policy that promoting violence, harassment, or discrimination on social media could result in termination, you will be behind the curve once an incident takes place. While no employer permits advocating violence, the limits of what is acceptable will depend on your company’s mission and culture. HR and legal should consult with senior leadership to determine your company’s principles.
2. Embed Those Principles in Policy
Once you have your guiding principles, it’s important to inform employees that their conduct, including out-of-office activities and social media posting, could impact their employment. Translate your principles into concrete language in your Code of Conduct, Social-Media Policy, and any related HR handbooks. Include a few clear examples of conduct or posts that would cross the line. Clarify that while employees retain constitutional free speech rights, those rights do not extend to private-sector employment relationships.
3. Educate Employees Proactively
Policy alone isn’t enough; employees need to hear and understand it. Combine an email blast or intranet post with a short manager “huddle” where supervisors outline expectations, answer questions, and point staff to resources. Reinforce that out-of-office conduct can trigger disciplinary action.
4. Apply Policies Consistently
Inconsistency increases your risk of discrimination and defamation claims, as well as negative media attention. It also signals lack of fairness to staff. When an incident arises, gather the facts, assess the impact, and act consistently with other cases. Be sure to document your decision and reasoning.
5. Involve Legal Counsel Early
It’s important to consult with a legal expert due to the implications on free speech, discrimination, defamation, and other legal issues. Employers must consider concerted activity under the National Labor Relations Act, which broadly protects certain workplace and out-of-office speech and conduct (even in non-unionized workplaces). A legal expert will help you check if any state and local laws protect employees, some of which prohibit discrimination due to political affiliation.
6. If You Don’t Yet Have A Policy or Guidelines, Don’t Panic but Act Fast.
If you don’t have any guidelines in place when the crisis hits, it’s not too late to set them. Meet with the decision-makers and lay out your general guidelines with examples and communicate these to employees quickly. Once the dust settles on the current crisis, update your handbook or policies, considering your recent experience, for future events. Consult with legal counsel as needed to ensure you cover all the potential legal issues.