Striking a balance between safe spaces and free speech at work

In the workplace, people often have little to no control over who they interact with. Individuals with different backgrounds, skills, and opinions are thrown together into one professional setting. The potential for conflict is high, and modern employers and managers face a dilemma. 

On the one hand, employers must consider employees’ psychological safety and well-being and aim to prevent actual and perceived forms of harassment, bullying, and discrimination. On the other hand, employees are told to “bring their authentic selves to work and encourage them to use their voices louder than ever,” as HR expert Yashna Wahal puts it.

So, how do you navigate this? How can you strike the balance between free speech and a safe space at work?

We’re here to share our insights. In this article, we delve into six effective strategies to allow free speech at work while maintaining workplace safety.

What is freedom of speech?

Freedom of speech, also called free speech, means you have the right not to be legally prosecuted for what you say. However, it doesn’t mean others are obligated to agree with what you say or that you can’t face other consequences for your words.

Take the case of Maya Forstater vs. the Centre for Global Development (CDG) in the UK as an example of what could happen if you don’t respect your employees’ freedom of speech. Forstater was a visiting fellow at the CDG and shared controversial gender-critical views on her personal X (formerly Twitter) account. The CDG chose not to renew her fellowship shortly afterward. 

Forstater saw this as discrimination based on her beliefs and took the case to an employment tribunal. The tribunal service ruled in favor of CDG. However, in a landmark case, the UK Employment Appeal Tribunal ruled in Forstater's favor. It found that Forstater’s belief that “men cannot change into women”' was a protected philosophical belief under the UK’s Equality Act of 2010. 

According to The Guardian, Justice Akhlaq Ur-Rahman Choudhury ruled that both the beliefs of Forstater and those who counter her “may well be profoundly offensive and even distressing to many others, but they are beliefs that must be tolerated.”

In light of this decision, the employment tribunal reconsidered the case, finding that CDG’s treatment of Forstater was related to her protected beliefs and that it unfairly discriminated against her by not renewing her contract or fellowship. 

Although this case was heard in the UK, it sparks an interesting conversation about free speech in the workplace in the US, where “at-will” termination is an employer right in many states.

The case poses a challenging question: Where is the boundary between respecting everyone’s views and creating a safe space at work? And, what’s the employer’s responsibility in enforcing this boundary?

Employees can’t just say whatever they want, right?

You’re right – they can’t.

The First Amendment to the US Constitution gives US citizens the freedom to express themselves and share their ideas without fear of punishment from the government. However, the First Amendment doesn’t apply to private organizations.

Private employers are allowed to limit freedom of speech at work, especially if that freedom of speech causes offense or disruption in the workplace. 

As an employer, you have the right to establish rules and policies that maintain a productive and respectful work environment. This includes what kinds of discussions are allowed at work.

However, if you work for the federal government, your employees will have more agency to speak their minds as long as their thoughts don’t create a conflict of interest, reveal classified information, or disrupt the operation of the government. These individuals also enjoy a stronger separation between their thoughts as private citizens and as government employees.

What is a safe space at work?

Building a safe space in the workplace means creating an environment where everyone feels valued and empowered to contribute. In a truly safe space, employees can express diverse perspectives without fear of discrimination, criticism, or harm. These spaces support employees’ mental and emotional well-being.

You can create a safe space at work by listening to employees, respecting their views, and encouraging an open dialogue. 

A safe space isn’t what you think it is

There are many misconceptions about safe spaces. A safe space isn’t:

• A place for hate speech. Employees can’t use the shield of “free speech” to promote threatening or abusive speech – or other forms of harassment – based on prejudices. 

• A space where workers are protected from all contrary opinions. Safe spaces don’t shield workers from all views they disagree with.

• A concept existing for minorities only. Safe spaces protect everyone’s right to speak freely without fear of harm – not just certain groups.

• A place of absolute comfort. These spaces aren’t always comfortable, as employees are still encouraged to have tough but necessary conversations.

6 strategies for balancing free speech and workplace safety

Discriminatory opinions being brought into the workplace is always a risk. Trying to change people’s minds about these opinions isn’t your place as an employer. Such attempts will be time-consuming and probably unsuccessful. 

Instead of attempting to change individual opinions, create a culture where most employees feel free to speak their minds – to an extent. 

Here’s how:

1. Tell employees exactly what you will and won’t tolerate – and where

2. Reinforce your policy with mandatory training

3. Allow for healthy conflict – and mediate when necessary

4. Have employees adopt a “think like Bernard” attitude

5. Encourage employee resource groups

6. Measure workplace motivation and culture add

1. Tell employees exactly what you will and won’t tolerate – and where

When your workers don’t know what’s acceptable at your company, they may inadvertently cross boundaries or feel uncertain about expressing themselves – leading to a workplace that's neither open nor safe. 

Ultra-clear policies are the solution. They create a shared understanding across your team so everyone can communicate confidently and respectfully with each other. 

Revisit your existing policy or create a new one, and ensure it explicitly details the language, behaviors, and conversations that aren’t acceptable in your workplace. For example, you might state that your company forbids any form of racist, anti-semitic, or homophobic speech – whether it’s verbal or written. 

Your policy must also explain the consequences of violating these standards – e.g., a warning, suspension, or termination. 

Additionally, as ​​HR expert and social entrepreneur Ioana Andrei states, your policy should include “precise definitions for terms like ‘discrimination,’ ‘harassment,’ [and] ‘hate speech.’” Go a step further by defining these terms and ones such as “racism” and “homophobia.” This way, there’s zero ambiguity about what constitutes unacceptable speech and behavior at your workplace. 

For example, your policy might state, “Racism is the unequivocal belief in the inherent superiority of one race over another, leading to discrimination and prejudice. Our company has a zero-tolerance policy towards racism and considers any use of slurs, jokes, racist language, discriminatory behavior, or any action that contributes to a hostile environment based on race to be a disciplinary offense.”

To encourage freedom of speech within these parameters, ensure your policy explains what expressions your company does allow – e.g., constructive critiques, professional opinions, and expressions of religious beliefs. 

Lastly, your policy should define “the workplace.” For example, do your policies extend to workplace networking events at a local venue or only apply when employees are physically in the workplace? 

Consider covering standards for language and behaviors in the following scenarios:

• In the workplace, meaning in the office or when working remotely. 

• At work-related events such as networking events, office parties, and mixers.

• In online workplaces like work WhatsApp groups or Slack huddles.

• During travel with colleagues to and from work. This can apply to people who carpool, use public transport, or use other methods of traveling with colleagues.

2. Reinforce your policy with mandatory training

With a solid policy in place, the next order of business is to roll out mandatory training on it – something many companies overlook. Training is key to ensuring your employees truly understand the boundaries of free speech at your workplace. 

Your training content should cover your company’s communication standards and core beliefs and highlight your commitment to fostering a workplace culture that values open dialogue, diverse perspectives, and mutual respect.

To drive these points home, include interactive elements in your training. 

For example, you might require employees to rate certain statements as “OK” or “Not OK” to say at work — e.g., “Leadership roles require individuals who can regulate their emotions and work well under pressure” (OK) and "I just don't think women are cut out for leadership roles. They're too emotional and can't handle the pressure” (Not OK).

Once employees have answered, you can explain why the “Not OK” statements perpetuate stereotypes, undermine certain genders, reinforce harmful biases, and ultimately create a discriminatory work environment. 

You could also incorporate role-playing exercises into training to simulate workplace situations where free speech boundaries may be tested. 

For example, you might have an employee act as a manager who overhears a conversation between two team members. One makes a disparaging remark about members of a particular religion, stating, “People who follow that religion lack common sense.” The “manager” must then intervene, de-escalate the conversation, and explain why it’s unacceptable. 

Training exercises like these take your policy off paper and put it into real-world context, helping your employees understand how to handle sticky situations that might arise at work and allowing them to practice responding to sensitive topics in a safe environment.

3. Allow for healthy conflict – and mediate when necessary

Harry Evans and Colm Foster, coauthors of Step Up: Lead in Six Moments that Matter, state that encouraging healthy conflict “allows others to feel that you respect them and are debating their ideas rather than judging them because of their ideas.” It promotes a culture where diverse perspectives are valued, and individuals feel empowered to express their opinions openly.

To encourage healthy conflict, you can:

• Create controlled opportunities for debate, such as during brainstorming sessions or team meetings. You can present differing perspectives and encourage employees to weigh in with their thoughts. You might even schedule regular “challenge meetings,” purpose-built for debating key ideas and issues in the workplace. 

• Promote the “Six Thinking Hats” method. Developed by Edward de Bono, this is a parallel thinking method where individuals approach an idea from six “directions” – looking at it positively, negatively, with emotions in mind, with facts in mind, with new ideas in mind, and finally, from the “big picture” perspective. It’s a hugely successful tactic for promoting constructive conflict and navigating workplace disagreements respectfully. 

• Teach employees to listen actively – meaning listening to understand rather than respond. For instance, you might tell employees to summarize what they hear (e.g., “What I’m hearing is that you feel…”) before answering. This will help them learn to acknowledge different viewpoints with respect for the speaker, even if they disagree. 

Remember that healthy conflict doesn’t mean allowing discussions to spiral into emotional outbursts or aggressive behavior. You must have a strategy for when disagreements become heated – for example, if conversations become pedantic, employees raise their voices, or team members start using language that violates your free speech policy, such as slurs. This would cross the line from healthy debate into bullying, harassment, or discrimination – going against free speech and destroying the safe space at work.

The best strategy is to mediate when disagreements tip over into unhealthy territory. 

Step into the conversation and avoid taking sides. Explain that while both employees are entitled to their opinions, work isn’t the place to engage in personal attacks, let emotions override professional conduct, or use confrontational or disrespectful language. Additionally, remind the employees of the consequences of violating your company’s free speech policy.

4. Have employees adopt a “think like Bernard” attitude

Bernard Meltzer was a US radio host from 1967-90. He’s quoted as saying, “Before you speak, ask yourself if what you are going to say is true, is kind, is necessary, is helpful. If the answer is no, maybe what you are about to say should be left unsaid.”

This approach strikes the perfect balance between allowing freedom of expression and maintaining a safe work environment because it encourages mindful communication. ​​Workers still have the liberty to express their opinions but also know how to take responsibility for how their words might affect others if they do share them. ​​​​Overall, it promotes a culture of speaking with intention and consideration.

Encourage employees to adopt this attitude at work, either casually through verbal announcements or reminders or by including it in your free speech policy. You should also encourage managers and senior staff to lead by example, demonstrating the “think like Bernard” approach in all employee interactions.

5. Encourage employee resource groups

Employee resource groups (ERGs) are an excellent way to promote freedom of expression and create a safe space at your workplace. These are voluntary groups workers join based on shared experiences or characteristics. For example, working parents, veterans, under-35s, or LGBTQ+ workers might form their own ERGs.

Encourage your employees to create and join ERGs to allow themselves and others a safe environment to speak freely, provide support, guide career development, and assist with networking.

It isn’t just employees who benefit from ERGs, either. ERGs help foster a more inclusive workplace culture overall – which can go a long way in making workers feel their presence is valued in your business. Individuals who feel seen and heard at work are more likely to stay with the company long-term, boosting retention rates and saving you money in recruitment costs to address turnover.

6. Hire the right people

The case of Forstater vs. CDG teaches us that beliefs might be viewed as valid even if we find them personally offensive. 

However, in some workplaces, certain beliefs will be fundamentally detrimental to the business’s culture and goals. For example, you couldn’t have a manager in a women’s aid charity who doesn’t recognize that women deserve equal rights.

The solution? Hire people without beliefs that could harm your workplace and business objectives. 

Our recommendation is to ditch resume screening (which is outdated, time-consuming, prone to bias, and doesn’t give you the full picture of a candidate) and instead use talent assessments to evaluate candidates. These can help you evaluate their hard and soft skills, as well as their motivations, values, and ability to contribute positively to your workplace culture. 

Specifically, we suggest rolling out culture add tests and personality tests (like the ones from TestGorilla) to all candidates. These enable you to see how each individual’s values align with your organization’s and whether their behavioral tendencies fit with what you’re looking to bring to your team.

Of course, there’s no 100% foolproof way to know whether a candidate hides discriminatory beliefs that might upset the balance between free speech and a safe space at work. However, talent assessments can help you determine whether a candidate’s values fundamentally match yours – a great place to start! 

Why is a balance necessary? 

Still not convinced you need to strike a balance? Think again. Free speech at work and workplace safety are both important – and here’s why. 

The importance of free speech at work

When employees are allowed to speak their minds within predetermined boundaries, it leads to a culture of openness and transparency. Freedom of speech also encourages creativity, problem-solving, and strong conflict resolution – all critical aspects of a healthy and dynamic workplace. 

What’s more, fostering a culture of freedom of speech can enhance employee engagement and satisfaction. Individuals are more likely to be invested in their work when they feel that their opinions matter and they have a voice in the organization. 

This creates a positive domino effect: Higher engagement leads to better retention, which improves your bottom line.

Businesses with high employee engagement are 21% more profitable than those with disengaged employees. Additionally, according to Gallup, companies that score in the top 20% for employee engagement also enjoy 41% less absenteeism and 59% less turnover – nothing to disregard, given that it costs nearly $5,000 to onboard a new employee. 

The importance of safe spaces at work

You’re responsible for creating a safe and inclusive work environment for all employees. It’s important for your team’s well-being and satisfaction as well as your company’s bottom line and reputation.

For starters, failing to create an inclusive and supportive work environment can lead to discrimination claims, which can carry an unlimited fine in court. Consider the case of EEOC v. Dart Energy Corp, where the EEOC sued Dart Energy Corp for $630,000 plus injunctive relief for failing to create a work environment where black, Hispanic, and Native American employees were supported. 

A lawsuit of this size is damaging enough to a large company and would be catastrophic to a small business – both financially and reputationally.

Additionally, many employees consider workplaces without safe spaces to be toxic. Research has shown that a toxic work environment is one of the biggest reasons why US employees quit their jobs. In fact, it was the driving factor behind the Great Resignation that began in 2021. 

With the average cost of replacing an employee coming in at $30,000-$40,000 for an employee making $60,000, can you really afford not to have a safe space at work?

Not only do safe spaces combat toxicity, save you money, and protect your reputation, but they also increase employee productivity and decision-making. A LinkedIn study found that inclusive teams are 35% more productive than non-inclusive counterparts and make better decisions 87% of the time.

Basically, no matter which perspective you look at it from, there’s no downside to creating a safe space at your company. 

Balancing free speech and workplace safety is difficult – but possible

There’s no guaranteed way to stop offensive opinions from leaking into the workplace. However, you can adopt strategies to protect your employees from colleagues’ harmful views and create an inclusive workplace culture – all while enabling free speech at work. 

Setting clear parameters for what isn't acceptable, allowing healthy conflict, and encouraging employees to “think like Bernard” can help. You can also use talent assessments to see whether a candidate’s beliefs and values align with your company’s before you hire them. 

Remember, changing your employees’ opinions is not your job. But, you should create a culture where everyone feels safe, valued, and appreciated.