Political Discrimination At Work

Political Discrimination At Work


Political affiliations and beliefs are incredibly polarizing in America today and can cause deep social divides.

Under California employment law, however, it is illegal for legal political activity or political views to impact one’s status in the workplace.

Navruz Avloni is an experienced employment attorney dedicated to fighting against discrimination in the workplace.

If you are experiencing discrimination in the workplace and looking for a political affiliation discrimination lawyer, reach out to Navruz Avloni for a free consultation.

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Political Discrimination At Work

California Labor Code sections 1101 and 1102 prohibit political discrimination at work. Political discrimination involves the differential treatment of employees based on their political affiliation or activity. It is illegal for an employer in California to treat an employee unfavorably because of their political beliefs, political opinions, voting behavior, engagement in political discussions, affiliation with any political party or group, political speech or activism, expressions online or on social media, and more. It is likewise prohibited for an employer to attempt to coerce or suppress political activity using the threat of retaliation or termination. Employers cannot base employment decisions including but not limited to hiring, promotion, pay, workplace opportunities, benefits, and training based on an employee’s political affiliation or activity.

If an employee’s political affiliation or activity is illegal, or if it substantially disrupts the employees’ ability to perform their job duties, an employer may have just cause to terminate an employee.

Note that while political discrimination at work is unlawful in California, federal law does not prohibit discrimination based on an employee’s political activities. Freedom of speech is protected by the first amendment, but federal laws do not specifically provide protections against political discrimination by private employers.

The law additionally protects employees who report unlawful employment discrimination. If you make a complaint of workplace discrimination, resist discrimination in the workplace, or participate as a witness in a discrimination complaint, your employer may not treat you unfavorably as a result. If your employer has treated you differently because you reported or resisting any form of discrimination, your employer has retaliated against you and broken the law.

If you have experienced discrimination at work, you may be entitled to compensation under state laws in the form of back pay, front pay, emotional distress damages, and putative damages

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If you believe you may be facing discrimination at work based on your political activity or affiliation, take the following steps to support your case:

Save Evidence: Record all relevant events or interactions in writing. Save related notes and documents. Additionally, you may request your personnel file to review any documents you have signed and ensure that your file is complete.

Report the Discrimination: Report the discrimination directly to your employer. If your employer does not correct their behavior, you may file a complaint with the California Department of Fair Employment and Housing (DFEH). There is a 3-year deadline to file with the DFEH. It is recommended you consult an attorney prior to reporting the conduct to the DFEH or the EEOC so that your complaint to these agencies does not leave out any pertinent information.

Find an Attorney: Reach out to an employment lawyer. Navruz Avloni is an employment attorney dedicated to fighting for your rights in the workplace. Click here to schedule a free consultation with Navruz Avloni.