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Efah Parsons
Even though efforts to restrict employees’ free speech at work may be permissible, such efforts raise troubling questions affecting individual rights.
When we talk about employees' free speech at the workplace there are some restrictions to this in the policy or code of conduct. Employers can fire an employee for stepping over those boundaries. First Amendment is: Congress shall make no law restricting freedom of speech or of the press or religion (Brancaccio, 2017). The first amendment protects the government, not private employment. This means when you work for the private sector and your employer is not the government, the Constitution gives you zero protection in terms of keeping your job based on what you say (Brancaccio, 2017). When I am at a job I keep everything work related as what needs to be done, my questions, and concerns. Even though I do not always state my concerns as I am in fear of what backlash I would receive for it I always keep an eye out on how to fix the situation without getting myself into any trouble. It has become so difficult to state feelings and what you believe on social media sites because employers can use that against you as well. Whether it is to hire or fire you anything that is said on the internet can hurt you in the job position that you are wanting or are in.
When I was in my teens working for McDonald's I had no idea that there could be anything wrong that could be said in a workplace as this was my first job and I wasn't taught what to say and what not to say in a work environment. So I went into the manager's office and said, "I noticed something." My manager asked, "whats that?" Dumb young me responded, "Mexicans get more coke than any other drinks, why is that?" Needless to say, I got let go for what they stated was "Sexual harassment" for asking that question. Now mind you I was only 16 I did not know it wasn't ok to say something like that. As I got older I realize that is not sexual harassment and I learned what sexual harassment was. Since then I keep my opinions and thoughts mostly to myself so that I do not get let go from the job over something that could be taken the wrong way. I also know now that it was wrong to say that even if it was where no customers could hear me.
Even though non-government employers can restrict what you say in the workplace and outside the workplace, you should feel safe going to management or anyone there to express concerns about equality, wages, and anything work-related. They also need to make sure they are standing within the laws of firing you even though the employee is not protected under the 1st amendment. Before doing so, however, the private sector employer should take into account the effect of the anti-discrimination laws such as Title VII, RCW 49.60 (the Washington Laws Against Discrimination or “WLAD”), whistleblower laws, and various local laws (FindLaw, 2018). If the employer isn't firing because of the mentioned above but on the speech alone they are in full right to do so.