We’ve got some conflicting “affinity groups” at our organization. We thought it would be a good idea to support these groups and that doing so would help our diversity initiative. We support them a little financially, provide space, and let the groups organize on company time. Now some of the groups are getting a little militant toward each other. For example, one of the religious groups and the gay and lesbian alliance are openly going after each other. And we have a political group that might join that fray or the abortion one. They all say they have “free speech rights.” Can we limit these groups somehow? When does their “discussion” turn into harassment? What can we do to turn this around–or should we abandon the program?
— Joan, HR manager in Oakland
Employee Orientation: How To Energize, Integrate, and Retain Your Newest Hires
Get new employees off on the right foot with a well-designed orientation program that will help you boost morale and reduce turnover. Download our free White Paper, Employee Orientation: How To Energize, Integrate, and Retain Your Newest Hires, today.
For the answer to this difficult question, we turned to Thomas N. Makris.
Your situation brings to mind the adage, “No good deed goes unpunished.” Using affinity groups to support diversity and assist employees can be a great idea. However, as you have learned, they are not without risks.
I think it is a mistake to allow company-supported affinity groups to form around religious and political issues. These are often divisive issues, and there is more to be lost than gained in encouraging employees to divide along religious and political lines. It not only creates disharmony in the workplace, but can lead to discrimination or harassment claims, particularly if supervisors participate.
The idea of limiting the types of affinity groups you support has been approved by the courts. In the recent case of Moranski v. General Motors Corp., the Seventh Circuit Court of Appeals held that an employer can refuse to sanction religious workplace affinity groups without violating the federal antidiscrimination law as long as all religions are treated alike–they are all excluded from having a company-recognized affinity group.
Having allowed affinity groups to form along religious and political lines, your situation now is more difficult and will require deft handling.
As a first step, you can end company support for the affinity groups that are creating problems in one of two ways. One approach would be to decide that the affinity group program has not been successful and end it entirely. This would eliminate the risk that you will be criticized for your choices of which groups will end and which you will continue to support, but it would also end support for affinity groups that are serving their purpose without creating controversy. The other approach would be to redraft the criteria for the affinity groups that you will support so that you eliminate support for groups that are creating the problems. If you adopt this approach, it is important that the criteria used are not discriminatory. I would recommend that you support groups defined by commonality in who the employee is (such as race, national origin, gender, and sexual orientation) but not support groups defined by what the employee believes (such as religious beliefs, position on abortion, and political party or ideas)
Second, you should set limits for when and where employees in an affinity group can address the group’s concerns. You are not required to allow the affinity group members to address nonwork-related issues on company time. More generally, you can adopt rules prohibiting the use of company time to debate political, religious, or other nonwork-related topics. The federal and state constitutions and statutes protect your employees’ rights to have and to express political and religious beliefs–but not to use paid company time for this purpose. Again, whatever rules you adopt need to be applied without discriminating in favor of or against a particular political or religious belief.
Finally, you may need to consider bringing in outside help to normalize the relationships that have been strained by the controversy. The limits you can put on affinity groups and on using company time for political or religious debate will not change people’s views, prevent them from continuing to meet and discuss these issues on their own time, or resolve the tensions that now exist. If relationships between employees have been damaged badly enough, the use of a neutral outsider–such as an expert in conflict resolution and/or team building–may be the only way to repair them.
Thomas N. Makris is counsel at the Sacramento office of law firm Pillsbury Winthrop Shaw Pittman.