Are Workers’ Political Beliefs Protected In CA?

Are you in trouble at work because of your political beliefs or activities? Is your employer trying to force you into participating in a political event against your will, or preventing you from running for office? Your employer may be infringing on your rights to hold political beliefs.

Many Americans hold deep political beliefs and feel the need to share them. However, the right to express political beliefs in the workplace is not prohibited or protected by federal law. California law does offer some protection for both employers and employees.

What California Employers May Do

California employers may convey their political beliefs to their workers, but only as long as they follow some rules. They may express their support or opposition to state legislation with their workers, stockholders, and their families, for example. Employers may also encourage employees to support or oppose state regulations, legislation, or ballot measures. They may do so through internal mail systems, as long as it is separate from payroll distribution, and through email systems, bulletin boards, regular mail, phone bank messages, or in meetings.

But while employers can communicate political messages with their workers, there are many things they cannot do, such as:

• Telling employees how to vote
• Controlling an employee’s political activities by threatening to fire them or by giving them a reward
• Coercing an employee to support or oppose a measure
• Putting a political message in or on a worker’s payroll envelope

Laws Governing Politics And Political Discrimination In The Workplace

You may be surprised to find out that the First Amendment may not apply while you are at work. The freedom of speech guaranteed by the First Amendment applies only to government actions, and not private employers or employees. Fortunately, two CA laws offer some protection for workers’ political beliefs.

California Labor Code section 1101 forbids employers from:

• Creating or enforcing a rule that prohibits workers from running for office or participating in politics in other ways
• Controls the political affiliations or activities of workers

California Labor Code section 1102 forbids employers from trying to influence a worker’s political activity by threatening to fire them.

What California Employees Have a Right to Do

Employees have the right to talk to their employers, stockholders, and their families of the potential effects that the legislation, regulations, or ballot measures might have on the company, stockholders, or workers. 

Workers can also:

• Run for office
• Attend political rallies during their time off
• Express their political views
• Wear buttons (as long as uniform requirements do not prohibit it)
• Vote

Can I Be Fired For My Political Beliefs?

In short, not under CA law. More specifically, California Labor Code section 1101 prohibits employers from making, adopting, or enforcing rules, policies, or regulations affecting some types of political behavior. An employer cannot prevent a worker from running for office, engaging in political activity, or participating in politics. Companies cannot control the political activities of workers, nor can they retaliate against workers for expressing political beliefs.

However, political views are not a specifically protected category under California’s discrimination laws. California’s Fair Employment and Housing Act (FEHA) protects employees from discrimination in the workplace, but it does not protect political speech (as long as it is not hate speech). Individual employers may have a neutral free speech policy that allows workers to express their political opinions, but only in ways that do not cause tension or hostility in the workplace.

Have You Been Punished at Work for Your Political Beliefs or Activities? Contact Your California Employment Lawyer At D.Law!

California laws protect your right to exercise your political beliefs without fear of retaliation at work. If you think you are discriminated against in your workplace because of political beliefs or activities, contact or call D.Law. Our employment attorneys can help you exercise your rights as a worker in the Bay Area, San Diego, Fresno, Los Angeles, and other CA cities.