KNOW YOUR RIGHTS THREAD

Can I be Discriminated Against for Political Affiliation or Activity?

A private employer may lawfully terminate an individual’s employment on the basis of that person’s political affiliation or activity. 1/11

The First Amendment only restrains the government from infringing on political beliefs and affiliation, not private employers. There is no “freedom of speech” right in private employment.

However, in a growing trend, a number of states have passed laws creating this right. 2/11

In these states, employers may not take unfavorable job actions (i.e., termination, demotion) based on political affiliation or activity. These states include:
3/11

California: In California, employers may not control the political affiliation or activities of workers. Employers cannot threaten to terminate workers for refusing to engage in specific political activity. 4/11

Colorado: In Colorado, an employer may not prevent employees from engaging in political activities. An employer may not terminate an individual because of political affiliation. 5/11

District of Columbia: In the District of Columbia, employers cannot discriminate against employees based on political affiliation.

Louisiana: Louisiana law prohibits employers from threatening or intimidating individuals on account of political party affiliation. 6/11

Minnesota. Minnesota law prevents employers from financially retaliating against, or threatening to fire, an individual based on that individual’s political activities. 7/11

Montana: Under Montana law, an employee may only be terminated for “good cause.” That is, the termination must be based on reasonable grounds related to work performance. Termination based on political activity is prohibited, as is Termination based on political affiliation 8/11

Nebraska: Employers may not threaten to terminate individuals based on their political activities.

New Jersey: New Jersey law prohibits employers from requiring employees to take part in employer-sponsored meetings about the employer’s political opinions or positions. 9/11

New York: Employers cannot discriminate against employees based on their off-duty, off-premises political activities.

South Carolina: Employers may not terminate a citizen from employment because of that person’s political opinions or activities. 10/11

Wisconsin: Wisconsin law also prohibits employers from threatening to terminate employees based on political activity. 11/11

End of Thread