Free Speech and the Workplace with Kacey Riccomini

Good Morning, HR

In episode 179, Coffey talks with Kacey Riccomini about managing political and social speech in the workplace in a time of heightened political division and social tension. (HRCI business credit)

They discuss legal protections for political speech under federal and California state laws; when political speech becomes discriminatory or creates a hostile work environment; the limitations of First Amendment protections in private workplaces; employer rights and responsibilities regarding employee social media use; how to handle disruptive political discussions in the workplace; the challenges of managing speech in remote work environments; the importance of having clear workplace policies around respectful communication; the definition and handling of retaliation claims; the risks and considerations around employer monitoring of employee social media.

Good Morning, HR is brought to you by Imperative—Bulletproof Background Checks. For more information about our commitment to quality and excellent customer service, visit us at https://imperativeinfo.com.

If you are an HRCI or SHRM-certified professional, this episode of Good Morning, HR has been pre-approved for half a recertification credit (HRCI business credit). To obtain the recertification information for this episode, visit https://goodmorninghr.com.

About our Guest:

A dynamic litigator with a breadth of experience, Kacey creates and executes effective litigation strategies to address a variety of complex disputes. She advises a wide range of clients, from members of Fortune 500 and large privately-held companies to smaller businesses.

Aggressive, focused, and methodical in her approach, Kacey leads complex litigation that is practical and consistent with her clients' business goals and strategic objectives. She represents clients in state, federal and appellate courts as well as before various dispute resolution agencies. She has prevailed in state and federal courts at all stages of litigation, including trial, and has successfully arbitrated and mediated numerous cases before the AAA and other dispute resolution agencies.

Kacey is a talented writer who professionally publishes articles on various legal topics. She also serves on the editorial boards for two publications, Bender's Labor & Employment Bulletin and Bender's California Labor & Employment Bulletin.

Prior to joining Thompson Coburn, Kacey was an Associate at Chapman, Glucksman, Dean, Roeb & Barger, where her practice focused on professional liability for accountants and business managers, construction defect litigation for builders and developers, and insurance defense.

Kacey Riccomini can be reached at

https://www.thompsoncoburn.com

https://www.linkedin.com/in/kacey-riccomini-2220192b

About Mike Coffey:

Mike Coffey is an entrepreneur, licensed private investigator, business strategist, HR consultant, and registered yoga teacher.

In 1999, he founded Imperative, a background investigations and due diligence firm helping risk-averse clients make well-informed decisions about the people they involve in their business.

Imperative delivers in-depth employment background investigations, know-your-customer and anti-money laundering compliance, and due diligence investigations to more than 300 risk-averse corporate clients across the US, and, through its PFC Caregiver & Household Screening brand, many more private estates, family offices, and personal service agencies.

Imperative has been named the Texas Association of Business’ small business of the year and is accredited by the Professional Background Screening Association.

Mike shares his insight from 25 years of HR-entrepreneurship on the Good Morning, HR podcast, where each week he talks to business leaders about bringing people together to create value for customers, shareholders, and community.

Mike has been recognized as an Entrepreneur of Excellence by FW, Inc. and has twice been recognized as the North Texas HR Professional of the Year.

Mike is a member of the Fort Worth chapter of the Entrepreneurs’ Organization and is a volunteer leader with the SHRM Texas State Council and the Fort Worth Chamber of Commerce.

Mike is a certified Senior Professional in Human Resources (SPHR) through the HR Certification Institute and a SHRM Senior Certified Professional (SHRM-SCP). He is also a Yoga Alliance registered yoga teacher (RYT-200).

Mike and his very patient wife of 27 years are empty nesters in Fort Worth.

Learning Objectives:

1. Develop appropriate workplace policies that protect both employee rights and business interests while maintaining compliance with federal and state regulations regarding political and social speech
2. Implement effective procedures for addressing potentially discriminatory or disruptive workplace speech while avoiding retaliation claims
3. Distinguish between protected speech that requires employer action and general complaints that fall outside the scope of workplace regulations