Employee speech activity

WSU employees, like all citizens, are protected by the First Amendment to the United States Constitution, which guarantees the right to freedom of speech. This protection extends to speech made by government employees in the workplace, including speech on matters of public concern. Key rights for employees includes:

• Speech on matters of public concern: Government employees have the right to speak out on matters of public concern, such as government policies, public safety, and issues of social, political, or community interest. This protection applies to speech made both within and outside the scope of their official duties.
• Whistleblower protections: Employees who report violations of law, fraud, waste, abuse of authority, or other misconduct by government agencies or officials are protected by various whistleblower laws and regulations. These protections safeguard employees from retaliation for speaking out in the public interest.

However, there are also reasonable restrictions and limitations on speech in the workplace that employees should be aware of. WSU imposes reasonable restrictions to maintain workplace order, promote efficiency, and ensure compliance with WSU policies, including:

• Comply with workplace policies: WSU employees are expected to comply with workplace policies and regulations regarding speech, conduct, and professional ethics. This includes adhering to rules governing workplace communication, confidentiality, prohibitions on discrimination and harassment, and the use of government resources for personal or political purposes.
• Maintain professionalism: Employees are expected to maintain professionalism and decorum in the workplace, regardless of their personal opinions or beliefs. This includes treating colleagues, supervisors, and members of the public with respect and courtesy, even in situations of disagreement or conflict. For example, it may be appropriate to share your opinion, but it would not be appropriate to scream your opinion at another employee.
• Avoiding disruption: If speech activities disrupt the functioning of the workplace or interfere with an employee’s performance of their duties, the university may restrict or respond through employee disciplinary processes.
• Protecting confidential information: WSU employees may engage with protected personal or health information of students, employees, research participants, or other members of our community. WSU employees have a responsibility to protect sensitive or confidential information obtained in the course of their employment, in compliance with relevant laws such as the Family Educational Rights and Privacy Act or Health Insurance Portability and Accountability Act. This includes respecting the privacy rights, complying with university privacy policies (see Business Policies and Procedures Manual Chapter 87-88), safeguarding classified or proprietary information, and refraining from disclosing confidential government records or communications without proper authorization.
• Ethically balancing personal and professional roles: WSU employees must balance their rights as private citizens with their obligations as public servants. While employees may express personal opinions and engage in political activities outside of work, they must be mindful of how their actions and speech may reflect on their employer and the government as a whole. For example, while WSU employees are free to lobby or support candidates, issues, and campaigns, they must do so on their own time, with their own resources, and while making it clear that they are not speaking on behalf of WSU. For further information, review the WSU Ethics Policy and Ethics in Public Service Act – Use of Public Resources for Political Campaigns. Questions about complying with the WSU Ethics Policy can be directed to the WSU Ethics Advisor at ethics@wsu.edu.