Employment Protection for Political Activity or Affiliation

Politics, court cases, and other issues continue to take the forefront in California and across the nation, and more people than ever are choosing to get involved in political activities or communicate their affiliations. California law provides protection for workers who choose to engage in these activities and prohibit an employer for discriminating against an employee who does not comport with the employer’s political beliefs. If you have been discriminated against because of political issues, call or contact a California employment law attorney in your area today.

Political Affiliation

Employers under California law are not allowed to discriminate against their employees because of their political affiliation. They may not fire or otherwise engage in adverse employment actions because of a worker’s political activities or beliefs. Specifically, California law states that an employer may not engage in the following:

• Make, adopt or enforce any rule or policy forbidding or preventing employees from engaging or participating in politics or running for public office,
• Make, adopt or enforce any rule or policy that tends to control or direct the political activities or affiliations of employees, or
• Use the threat of job loss to coerce, influence, or attempt to coerce or influence employees to take or refrain from taking any particular course of political activity

However, it is important to note that these are state protections. The First Amendment in the Constitution only protects people from government suppression of political speech, not to private employers.

Political Activity

Employers are not allowed to discriminate against a worker who engages in political activity outside of work. This means that the activity is taking place outside of the working environment and outside of work hours. Employers are allowed to take action against an employee who is engaging in political activity during work, such as engaging clients in political debate or using their position at work to promote a political issue. If an employer does discriminate against an employee for political activity outside of work, that employee may have a claim for wrongful termination or retaliation. Examples of adverse employment actions in a discrimination case include the following:

• Termination,
• Suspension,
• Demotion,
• Disciplinary action,
• Poor performance reviews,
• Transfer to a less desirable location,
• Assignment of impossible workloads, and more.

Compensation for Wrongful Termination or Retaliation

If it is found that an employer did discriminate against a worker for their political affiliation or activity, that employee may have a case for compensation. Damages in a wrongful termination or retaliation case include payment for lost wages and benefits, emotional distress or pain and suffering caused by the employer’s actions, and possibly punitive damages to punish the employer if it is determined that they used oppression, fraud, or malice in their discrimination against their employee. To learn more about whether you have a case, talk to a lawyer today.

Call or Contact a Lawyer

As a citizen you have a right to engage in the political process outside of work. To learn more about whether you have a case for discrimination based on political affiliation or activity, talk to a lawyer now.