MAGA Apparel in the Workplace: Legal and Social Considerations

Legal Considerations

• Many employers have responded to the increased number of employees wearing MAGA apparel by arguing that these messages are distracting political statements and conflict with company dress code policies.
• Even if employers' restrictive policies are legal, by restricting certain forms of expression, companies are risking the costs of bad publicity, poor employee morale, and even protests.
• Some employers are concerned that allowing employees to wear MAGA hats or shirts will prompt others to want to wear "Black Lives Matter," which supports the black community, or "All Lives Matter," which some view as a counter to Black Lives Matter.
• Employers may be concerned that allowing one message could lead to a slippery slope of allowing all messages, which could create a hostile work environment.

Social Considerations

• Workplace research suggests that code-switching can generate both positive and negative outcomes for employees.
• Creating workplaces that are inclusive of all political beliefs will enable companies to retain a diverse workforce and bolster innovation.
• However, employees who feel pressure to code-switch may perceive that they are being devalued, which in turn may reduce their commitment to the company and desire to contribute their unique insights.
• As companies declare support for the MAGA movement, some are not allowing employees to wear MAGA masks or other attire that express support for the movement.
• This has led to tensions in the workplace, with some employees feeling that their freedom of expression is being curtailed.

Conclusion

The jury is still out on whether an employer should or should not allow employees to wear MAGA apparel. For small conservative t-shirt companies, it may be best to err on the side of caution and not allow any political messages on apparel. However, for larger companies, it may be worth considering the legal and social implications of such a decision. Ultimately, creating an inclusive workplace that values diversity and encourages open dialogue may be the best way to navigate this complex issue.