Workplace discrimination takes a number of forms. While many types of workplace discrimination are explicitly prohibited under the law, political affiliation discrimination is not so simple. Here is everything you need to know about political affiliation discrimination in California.
What Is Political Affiliation Discrimination?
Political affiliation discrimination occurs when an employer makes decisions based on an employee’s political beliefs or party affiliation. For example, if an employer refuses to hire applicants who are registered Republicans or fires any employee who is pro-life.
Laws Protecting Political Affiliation
Under California Labor Code Section 1101, employers are prohibited from implementing any rule, regulation, or policy forbidding or preventing employees from engaging or participating in politics or from becoming candidates for public office. California Labor Code Section 1101 also prohibits employers from controlling or directing political activities or affiliations of employees.
Furthermore, California Labor Code Section 1102 provides that no employer shall coerce or influence employees through the threat of discharge or loss of employment to adopt any particular course of political action. To this end, employers cannot enact policies that limit employees’ political activities or affiliation, nor force employees to follow the employer’s political leanings.
Related: Types of Workplace Discrimination in California
The First Amendment and Political Affiliation in the Workplace
While freedom of speech is protected under the First Amendment, it is not necessarily true that this extends into the workplace. The protection of freedom of speech applies to the government’s suppression of speech and does not apply to private employers. So, if you work in the public sector, your first amendment rights are protected in the workplace. However, if you work in the private sector, the first amendment does not limit your employer.
While California Labor Code Sections 1101 and 1102 extend certain employment rights to California employees, federal law gives little protection to protect employees from being disciplined or fired for their political views or activities; in terms of employment, discrimination, or workplace harassment, your political views or affiliations are not protected.
Related: What You Can Sue an Employer for in California
Discrimination in a Politically Hostile Work Environment
California Labor Code Section 1101 and 1102 offer some protections against political affiliation discrimination that doesn’t directly affect job performance. However, if political affiliation impacts job performance or creates a hostile work environment, then the employer can be justified in taking action.
Related: Grounds for a Wrongful Termination Claim in California
Contact Us
If you believe that you’re a victim of political affiliation discrimination, contact Her Lawyer and we will connect you with one of our experienced attorneys. Get your free consultation with one of our California Employment Discrimination Attorneys today!