The socio-political landscape of the world is constantly changing, and everyone wants their voice or opinion to be heard. Businesses may be asking themselves if they can take action against employees for expressing their political opinions in the workplace or on social media. 

The Anti-Discrimination Act 1991 (Qld) expressly lists political belief or activity as a protected attribute. That means it’s unlawful to treat someone unfairly in areas such as employment because of their political beliefs or political activities.  

At the federal level, the Fair Work Act 2009 (Cth) contains general protections regarding this subject. Section 351 makes it unlawful for an employer to take adverse action against an employee because of certain attributes — including political opinions. The Fair Work Commission and courts have treated “political opinion” to cover not only private beliefs but also public expression of those opinions in many contexts. The Fair Work Commission’s guidance on political opinion and recent Federal Court authorities underline that expression of political views (including some social media posts) can attract protection under the Fair Work Act 2009 (Cth). 

Holding or sharing a political belief or opinion does not give an employee absolute protection from dismissal or other adverse action. Common reasonable grounds for an employer to take action against an employee which could interact with an employee’s political belief or opinion include: 

• Misconduct or serious breaches of workplace policies (e.g., harassment, threats, hate speech, bullying) that independently justify disciplinary action. 
• Breach of confidentiality, contractual duties, or WHS obligations. 
• Inherent requirements of the job — where a role requires strict impartiality or representation and the employer can show a genuine, necessary link. The Fair Work Act 2009 (Cth) and cases acknowledge some exceptions where inherent job requirements apply.  

If the employee claims that the reason for adverse action includes the protected reason the courts or tribunals will examine whether the political opinion was a substantial and operative reason for the action. If it was a substantial and operative reason, the employer risks liability. 

Practical guidance for employers 

Where an employee has expressed a political opinion, particularly in public, that you are concerned may have a negative impact on the business, such as reputational harm, there are steps you should take: 

• Pause and document what has occurred. Hastiness is a common cause of legal exposure as recent case law shows tribunals will examine the decision-making process carefully. 
• Assess whether the concerning conduct specifically relates to the political opinion held by the employee or the manner in which it was expressed (e.g. harassment, threats, breaches of confidentiality). If the manner in which it was expressed was inappropriate, the employer can follow their misconduct processes within their policies.  
• Ensure that social media, public comments, confidentiality, and code of conduct policies are up to date, clearly drafted, and applied even-handedly across staff. Don’t single out viewpoints as that could also be seen as discrimination.  
• For roles that require strict impartiality or public neutrality, document why any constraint is reasonably necessary and proportionate to the employee’s position in the company.  
• Seek advice early for anything that could lead to termination or further public scrutiny. 

Train managers on the difference between protected political belief and misconduct, and how to manage complaints without making discriminatory decisions. 

Example scenario 

Employee X reposts an inflammatory political meme on their personal social media account outside working hours from another social media account. The post attracts media attention and client complaints. 

If the post is abusive or hateful and breaches the company’s harassment policy, the employer can investigate and potentially discipline for conduct, provided the process is fair and consistent. 

If the post is political but lawful (even if offensive to some) and the employer decides to discipline because of the political content, that would risk contravening state and federal protections unless the employer can point to a lawful separate reason for disciplinary action (e.g. breach of duty, role-based impartiality).