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As more Americans have been speaking out about Black Lives Matter (BLM), some federal employees are wondering about whether it raises Hatch Act issues in federal workplaces.
In response, the Office of Special Counsel (OSC) issued guidance on whether BLM terminology is inherently political and whether the Black Lives Matter Global Network (BLMGN)—the owner of blacklivesmatter.com—is a partisan political group.
The answer to both questions is “no.” In short, BLM is not a partisan political group, and employees are not prohibited from wearing or displaying BLM paraphernalia in the workplace.
According to the guidance, the Hatch Act does not prohibit employees from engaging in Black Lives Matter-related activity while on duty or in the workplace. Engagement becomes prohibited when BLM activities combine with “political activity” directed toward the success or failure of a political party, candidate for partisan political office, or partisan political group while on duty or in the workplace.
Here is what you need to know:
BLM is Not Considered a ‘Political Activity’
Black Lives Matter is an umbrella term for different ideas, objectives and groups. It is focused on issue-advocacy, not a campaign slogan. OSC added that the BLMGN has not previously been involved in partisan political activity and does not endorse candidates.
“Because using BLM terminology is not inherently political activity, and because BLMGN is not a partisan political group, the Hatch Act has only limited application to BLM-related activity,” OSC wrote.
Watch for Political Activity at Work
The Hatch Act does not prohibit employees from expressing support for, or opposition to, the BLM movement while on duty or in the workplace. However, employees are still prohibited from engaging in “political activity” during these times. For example, it is not permitted to join in a partisan political fundraising, even if it centers around Black Lives Matter, while on duty or in the workspace.