Navigating Political Speech in the Workplace: Practical Guidance for Mortgage Leaders

In the wake of the Charlie Kirk assassination, employers across the country have been thrust into a firestorm of political expression, both inside and outside the workplace. Some have moved swiftly to terminate employees for public comments deemed inflammatory or inconsistent with company values. In response, cries of "First Amendment!" have flooded social media, even though constitutional free speech protections generally do not apply to private workplaces.

For mortgage companies, whose frontline teams are often highly public persons making sensitive decisions, poorly managed political expression can quickly evolve from a PR issue into a fair lending or reputational crisis. Now is the time to get proactive.

Why Mortgage Executives Must Pay Attention

The mortgage industry faces unique challenges. Borrowers span the political spectrum. Originators and processors operate under strict compliance obligations. And reputational risk can have immediate consequences, whether in customer attrition, regulator scrutiny, or social media backlash.

Controversial public discourse is not new, but its velocity and visibility have escalated. Whether an employee posts inflammatory remarks on social media or argues politics in the breakroom, mortgage companies must be prepared to respond swiftly, lawfully, and consistently.

Key Strategies for Managing Political Speech at Work

1. Set Clear Expectations Through Policy

• Implement or update policies around political expression, use of company equipment, and social media conduct.

• Clarify that off-duty conduct that reflects poorly on the business or creates workplace disruption may result in consequences.

• Make sure your code of conduct covers both digital and in-person communications.

2. Apply Rules Neutrally and Consistently

• Avoid content-based enforcement. What matters is not the viewpoint, but whether the speech violates company policy or creates disruption.

• Train managers to apply policies uniformly, especially across politically divergent views.

3. Reinforce That the First Amendment Does Not Apply

• Many employees mistakenly believe the First Amendment protects them from consequences in a private workplace. It does not.

• At-will employment allows companies to act against speech that conflicts with business interests, provided there’s no unlawful discrimination.

4. Address the Risk of Political Activity in Business

• Dissuade political discussion, distribution of campaign-type materials, or clothing with political slogans - especially in customer settings.

• Remind employees that empathy builds trust, while perception of bias can poison relationships.

Think Twice Before Making Corporate Political Statements

While some companies choose to speak out on hot-button social issues, doing so carries significant reputational risk – particularly in a politically polarized environment.

Before weighing in publicly:

• Consider your stakeholder profiles including potential customer, employee, and counterparty reactions.

• Keep in mind long-term brand values – not short-term political passions.

• Avoid opportunistic or reactive statements that can be seen as performative or divisive.

• Recognize that much of what gets posted really is just trolling for “clicks” – don’t get sucked in.

Take Action Now

Mortgage companies cannot afford to “wait and see.” Instead:

• Consider your policies on political expression and social media.

• Train leadership and HR to manage politically sensitive issues with consistency.

• Prepare talking points and incident protocols in advance, in case a controversy erupts in your business.

Need a Sounding Board or Policy Refresh?

If you need help updating your employee policies, navigating a politically charged workplace issue, or preparing public communications, contact: troy@garrishorn.com.