Can You Be Fired for Discussing Politics at Work?

Expressing your political views is a time-honored American tradition. We hear political discussions in homes, bars, and backyard picnics. They've even become the subject of heated water-cooler discussions at the office, replacing sports as the topic of the day.

As political views become more polarized, employers may try to discourage or even prevent vigorous political debate in the workplace. Some employers make workplace rules about what workers can and can't discuss in the office. Others may even fire people for openly campaigning for a political candidate.

So, what are the limits of an employer's right to fire workers for their political views?

Free Speech and Political Speech

People often think the First Amendment protects their right to free speech in all situations, including political speech. In fact, the First Amendment rights only protect you from government interference in speech. It states that "Congress shall make no law…abridging the freedom of speech."

This means the First Amendment does not protect you in the private sphere. Private employers can limit what goes on within their companies to a certain extent. In most states, an employer can restrict political discussions in the workplace, especially if they distract employees from carrying out their duties.

But, employers cannot restrict some kinds of speech. The National Labor Relations Act (NLRA) prohibits employers from limiting employees' right to organize unions and to protest working conditions. The law protects this type of speech.

Protected Classes and Protected Speech

Title VII of the Civil Rights Act (including the recent Executive Order on DEI-Related Discrimination) prohibits an employer from using certain characteristics in making hiring and firing decisions. These "protected characteristics" include:

• Race, ethnicity, and national origin
• Sexual orientation or gender identity
• Religious beliefs

Political affiliation or political party has never been a protected class. In general, an employer in an "at-will" employment state can hire or fire employees for political opinions without fear of repercussion.

State Laws on Political Discrimination

A few states have passed political discrimination laws. Under California's labor code, employers cannot:

• Forbid employees from participating in politics
• Prevent employees from running for public office
• Control or direct employees' political activities
• Coerce or threaten employees (through loss of pay or jobs) into following any course of political activity

Eleven states, including Arizona, Colorado, New York, and the District of Columbia, have statutes like California's. In other states, an employer may fire a worker for their political beliefs as long as it does not conflict with any other anti-discrimination policies.

Montana is the only state without an "at-will" policy. In Montana, employers cannot fire workers for political views or anything else unless their employment contract states it as a reason for termination.

Speech Outside of Work

The next question many employees ask is: "What about when I'm at home? Can my boss fire me for saying things outside of work?" The answer depends on what you say and where you say it.

Usually, things you say and do when off-duty are outside your employer's control. Once you clock out, private employees are not bound by their employer's rules. However, there is one place where this is no longer the case.

Social media has blurred the line between work and home. People often list where they work on their social media pages. They include their co-workers as friends so they can connect with them after work. Unfortunately, this can result in media posts affecting the company, even if you didn't intend them to.

What You Can Post

Federal law protects employees who make "concerted activities" regarding unionization or workplace conditions. If your media posts discuss your workplace, you might be safe if you also share your posts with other employees.

You have legal protection if your employer fires you for discussing pay or working conditions with your coworkers. You may be entitled to job reinstatement, back pay, and other legal remedies.

What You Cannot Post

Social media posts that complain about general company policies, defame your boss, or discredit your employer are likely not protected. Trying to cover them with a "political statement" will not help if your employer finds out.

For instance, posting your support of a political candidate. and then saying you hope they win so they clean up the awful conditions at your specific place of employment (like your rotten boss) is probably not protected. If your employer fires you, it will not be because you supported the candidate.

Government Employees

Government workers may not have all the protections of employment law that workers in the private sector enjoy. The government can restrict workers' rights because it has a vested interest in the "public perception of the agency." Thus, the government can place limits on agency workers where a private employer cannot. Government workers also face prosecution under the Hatch Act.

Some employees, such as active-duty military personnel, must follow very strict codes of conduct regarding "partisan political activity." Soldiers won't get fired, but they can face sanctions under the Uniform Code of Military Justice.

Get Legal Advice from an Employment Attorney

In some situations, your boss can fire you for your political views. In others, it may be a wrongful termination. If you think you've been improperly terminated for expressing your views, speak with an experienced employment lawyer in your area. They can examine the details of your claim and walk you through your options.