Several California laws prohibit employers from taking action against workers for political activities, affiliations or speech.
The California Supreme Court recognizes protected “political activities or affiliations” broadly as any action connected with the orderly conduct and peaceful organization, regulation, and administration of government. Violent conduct is not protected.
Under Labor Code 1101, employers may not impose policies, rules, or regulations that: (i) exert control over employee political affiliations or activities; or (ii) prohibit employees from participating in political activities (including running for public office).
Under Labor Code 1102, employers may not coerce employee political party activity, for example threaten to terminate any worker for such actions.
A corporation’s violation of Labor Code 1101 or 1102 carries a fine up to $5,000. An individual’s violation is a misdemeanor punishable by imprisonment for up to one year, a fine up to $1,000 or both. Labor Code 1103. An injured employee may also bring suit for damages. Labor Code 1105.
The Ralph Civil Rights Act, Civil Code 51.7, prohibits all acts or threats of hate violence against an individual for actual or perceived political affiliation. See Civil Rights Department (CRD) “fact sheet.” Targeted persons may seek civil suit compensation, punitive damages, injunction, attorney fees and civil penalty of up to $25,000.
Under the federal National Labor Relations Act (NRLA), non-union and union employees are protected from employer repercussion for discussing labor issues or political candidates on either side of such topics.
On the other hand, management will not cross these lines when informing employees and stockholders on the possible impact of proposed state legislation, regulations and ballot measures. See California Chamber of Commerce guideline pamphlet.
Of course, employers must also maintain a harassment- and distraction-free workplace. See Take Heed: Responding to Harassment and Discrimination Complaints Correctly (July 28, 2023). Management is thus within its rights – and must take responsibility – to limit worker political advocacy to off-hours and off-premises.
Take-Aways:
Employers must respect employee political convictions and not penalize any worker for holding or acting on his or her beliefs. Best practices include clear policy balancing that deference with management’s prerogative to limit the time and place of political exercise in equal regard for a productive, distraction-free workplace.
For further assistance, please contact one of our attorneys, Tim Bowles, Cindy Bamforth or Helena Kobrin.
See Also:
- Smooth Sailing: Workplace Policy Handbook & Forms for 2024 (July 3, 2024)
- Handbook Helper Episode 42: Work Time Off for Voting (June 7, 2024)
- Handbook Helper Episode 3: Name Your Passion (June 30, 2022)
Helena Kobrin
July 12, 2024