Can I Be Fired for My Political Beliefs?

Your free speech rights don’t necessarily protect you from getting fired for your political views. This is because the First Amendment to the U.S. Constitution protects freedom of speech from interference by the government, not private companies. And while employers can’t fire you for discriminatory reasons, political opinion is generally not a protected category under discrimination law.

Some state laws protect workers against termination based on their political affiliation or political activities. To find out about your political discrimination protections, talk to a local civil rights attorney.

Understanding Employment Protections for Political Beliefs

Federal and state employment discrimination laws prohibit workplace discrimination against people in protected classes such as race, sex, age, disability, religion, and national origin. Political views are not a protected characteristic under federal anti-discrimination laws.

However, there may be some overlap between your political activity and activities protected by anti-discrimination law. Legal protections for political views in the workplace can depend on what you do, whether it is during work hours, and who you are talking to.

Employers cannot use political views as an excuse to fire an employee when their real motivation is based on the employee’s protected status.

Labor and Union Political Protections

The National Labor Relations Act (NLRA) protects workers’ rights to engage in collective bargaining or form a union. Some employers may associate union organizing with certain political views. If your employer fires you for talking to other workers about organizing a union, you can file a labor violation claim.

Free Speech Rights and Political Discussions

Under the First Amendment to the U.S. Constitution, the government cannot make laws that restrict your freedom of speech. The government can’t silence you based on your political party. However, First Amendment rights do not apply to your job with a private employer.

An employer can take disciplinary action against you if your words or actions negatively affect the company. An employer can even fire you for social media posts. For example, if you post a message threatening Democrats or Republicans, your employer may think it reflects poorly on the company. Your employer can fire you even if you made the posting while off-duty.

Federal and State Laws Protecting Political Expression

State labor laws may have stronger protections for political speech or party affiliation. Most state laws prohibit employer coercion to vote for a certain person or party in an election. Generally, employers cannot offer compensation or influence political actions for workers to influence votes in an election.

Some states have stronger political discrimination protections than under federal law. For example, California prohibits employers from enforcing policies that restrict a worker’s right to take part in politics or run for public office. Employers in New York cannot discriminate against workers for most political activities while off-duty and outside of work.

If you think your employer wrongfully terminated you based on your political speech, talk to an employment attorney for legal advice.

At-Will Employment and Political Belief Discrimination

Most jobs are at will. At-will employment means your employer can fire you for almost any reason. Employers cannot fire you for unlawful reasons, like sexual harassment or reporting minimum wage violations. However, political discrimination is not a protected status. Your employer could fire you because they don’t like your shoes or political opinions.

You may have additional employee rights protections if you have an employment contract. Employment agreements generally have terms for when an employer can fire you for cause or without cause.

Steps To Take if You Are Wrongly Fired for Your Beliefs

If your employer violated your civil rights by firing you based on your protected status or unlawful retaliation, you can file a legal claim with the right government agency.

The Equal Employment Opportunity Commission (EEOC) handles employment discrimination charges. The National Labor Relations Board investigates NLRA violations. You can also contact your state labor agency to find out where to file a claim.

Legal Remedies and Resources Available

You can file an unlawful termination claim against an employer for violating your worker rights. Depending on your type of claim, you may have to file a claim first with the EEOC or other government agency.

You can sue for compensation in a wrongful termination lawsuit. Damages include back pay, loss of benefits, and punitive damages. In some cases, your employer will have to pay your legal costs. To find out about your legal options if you were fired for engaging in protected activities, talk to a civil rights lawyer.