Political Discrimination - Legal or Illegal in the Workplace?

With the upcoming national  elections on the horizon, employees may be debating politics in the workplace. Although the first amendment to the U.S. Constitution guarantees each individual the right to freedom of speech and expression, employers have the ability  to restrict their employees’ political actions in the workplace. 

In short, federal laws do not typically prohibit political prejudice in private sector companies; yet, some forms of political prejudice may be unlawful. The most useful way for employers and workers to learn what political behavior can and cannot be prohibited is to consult with an experienced  workplace harassment lawyer.

Politics in the  Workplace: Know Your Rights

The foremost thing to understand is that public employers – federal, state, and regional governments, government agencies, and school districts – may not discriminate  against workers based on their political opinions. So, public sector workers have more legal security than workers in the private sector.

While federal law may not provide as much protection to workers in the private sector , employees in Boston are also protected by Massachusetts state law. The state law safeguards both private and public sector workers from having their right to free speech interfered with by employers making threats, conveyed or implied, which are intended or calculated to influence employees' political opinions or actions.

Massachusetts  law prohibits discrimination based on an employee's political activities outside of  working hours, off the employer's premises, and without utilizing the employer's equipment or other property. The statute briefly  describes political activities as including :

• Running  for public office

• Campaigning for a candidate  for public office

• Taking part  in political fundraising activities 

According to every reputable discrimination lawyer in Massachusetts, the law only safeguards conduct outside of work. Furthermore, it does not safeguard an employee's political opinions, declarations of political beliefs, actions that the employer considers illegal, or that makes a material conflict  of interest connected to the employer's business, proprietary details, or other legitimate business interests.

Employers are obligated to avoid workplace discrimination under federaland state, laws. These statutes protect workers from prejudice based on several protected  traits, including religion or ideology. However, those  protections do not expressly include  political opinions or activities. The courts have confined the "creed" definition to spiritual sentiments, not political opinions. 

The Takeaway

Employees in Boston have very minimal protection against political discrimination in the workplace. Employers have the freedom to restrict  an employee's political actions at work even if they are irrelevant to work or working requirements. While employers cannot discriminate against workers for taking part  in political activities outside of work or exercising a lawful right, discrimination based on mere political opinion or expression is not restricted. Employees can consult their case with any licensed harassment and discrimination lawyer to come up with a suitable solution. 

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