General Conversations

As far as I know, there is no federal prohibition on contractors engaging in political activity, such as displaying signs or actively campaigning, even in the government workplace. So, I am not sure that a banner on a contractor's own website would be an issue. By its plain language, the Hatch Act applies only to people "employed in . . . an Executive agency other than the Government Accountability Office; or a position within the competitive service which is not in an Executive agency...." That said, there probably are regulations in specific agencies or language similar to the Hatch Act in many (most?) contracts. Those types of rules generally require contractors to adhere to the same rules applicable to federal employees while in the federal workplace. And, federal agencies are often entitled to remove employees of a contractor from any federal contract if the employees' actions render them unsuitable or disruptive to the agency’s efficiency. My guess is that blatant Hatch Act violations would fall under that description, but I am not sure that a website banner would reach that threshold.

In the situation you mentioned, the federal workplace is not involved, but you were required as a part of your job to go to the website. It's an interesting question. I don't think the Hatch Act applies, but there might be internal agency rules and contract language that could apply. In the end, specific questions about political activity by contractors, particularly in the federal workplace, should be directed to the agency’s ethics personnel or legal counsel.