Understanding Political Discrimination in the California Workplace

Political discrimination occurs when an employer makes employment decisions based on an employee’s political affiliations, activities, or viewpoints. 

If you believe you or a loved one have been discriminated against for your political affiliations, contact our Los Angeles discrimination lawyer at Aegis Law Firm to discuss your legal options today. Call (949) 379-6250.

Common Types of Political Discrimination

This type of discrimination can take many forms

• Hiring Decisions: Refusing to hire someone due to their political beliefs or party affiliation.
• Termination or Demotion: Firing or demoting an employee because of political activities outside the workplace.
• Retaliation: Punishing an employee for expressing political opinions.
• Workplace Harassment: Creating a hostile work environment through intimidation or derogatory remarks related to politics.

California Laws on Political Discrimination

California provides extensive protections for employees facing political discrimination. These laws aim to ensure that individuals can freely express their political opinions without fear of workplace retaliation.

California Labor Code Sections 1101 and 1102

Section 1101 prohibits employers from making, adopting, or enforcing any rule that prevents employees from engaging in politics or from controlling their political activities. Section 1102 makes it illegal for employers to coerce or influence employees’ political activities by threatening their employment.

California Fair Employment and Housing Act (FEHA)

While FEHA does not explicitly list political affiliation as a protected category, courts have interpreted protections against wrongful termination to include political discrimination in certain cases.

First Amendment Considerations

Public sector employees have additional protections under the First Amendment, which safeguards political expression against government employer retaliation.

Employer Responsibilities

Employers in California must navigate workplace politics carefully and cannot infringe on employees’ rights to political expression outside of work.

• Employers must avoid policies that restrict lawful political activities.
• Employers cannot coerce employees to participate in political events or campaigns.
• Retaliation against employees for lawful political activities is prohibited.

Employers can, however, enforce workplace policies that prevent political discussions from disrupting productivity or creating conflict. These policies must be applied equally to all employees regardless of viewpoint.

What Employees Should Do if Faced with Political Discrimination

Employees who believe they have experienced political discrimination in the workplace should take immediate and strategic action to protect their rights:

Document Every Incident

Maintain detailed records of each discriminatory act. This includes saving emails, text messages, and memos that reference political activities or beliefs. Also, document any verbal statements made by supervisors or coworkers and note dates, times, and locations of discriminatory actions.

Identify Witnesses

If coworkers witnessed the discrimination or retaliation, employees should gather their names and contact information. Witness testimony can strengthen a future claim by providing corroborating evidence.

Report the Issue Internally

Report political discrimination to a supervisor, manager, or human resources department. 

File a Complaint with State Agencies

If internal reporting does not stop the discrimination, employees can file a complaint with the California Labor Commissioner or the Department of Industrial Relations. These agencies investigate labor law violations and may impose penalties on employers found guilty of political discrimination.

Seek Legal Counsel

An experienced employment law attorney in Los Angeles can evaluate the situation and determine the best course of action. Attorneys can assist with filing administrative complaints, negotiating settlements, or pursuing a lawsuit for wrongful termination, retaliation, or other damages.