Postal, Federal Employees Can Now Wear Election Gear

With the national election concluded, the U.S. Office of Special Counsel has issued instructions that allow postal and federal employees to wear T-shirts that display candidates’ names and/or pictures while on duty or in a postal or federal workplace.

Under the provisions of the Hatch Act, postal and federal employees are prohibited from engaging in political activity while: on duty; in a government (postal) building; while wearing an official uniform; or using a government vehicle. These rules have been interpreted to prohibit employees from wearing badges supporting a candidate, as well as wearing apparel bearing the name or likeness of a candidate, or posting material favoring a candidate.

Although Barack Obama and John McCain technically will remain “candidates” until the Electoral College votes on Jan. 6, 2009, the Office of Special Counsel wrote, “We do not believe that wearing their campaign t-shirts or displaying their pictures after Election Day is activity directed at the success of their candidacies. Accordingly, the Hatch Act does not prohibit a federal employee from doing so, even while on duty or in the federal workplace.”