With the election weeks away, unrest in the Middle East, and political protests, passions are running strong on all sides and will naturally invade the workplace. Employers should be prepared to deal with this intrusion.

Political Discrimination in the Workplace

California employers may not enforce rules or adopt policies that prevent employees from participating in politics, control their political activities or coerce employees regarding their political activities. Employers may be liable for discrimination, harassment, and/or retaliation if they make employment decisions with political motives. Additionally, anyone who uses force, violence, coercion, or intimidation to influence another person’s voting decisions may face felony charges punishable by up to three (3) years of imprisonment.

Effective January 1, 2025, employers will also be prohibited from holding “captive audience” meetings – employer-sponsored meetings that discuss religious or political matters. Employers who do so may face civil penalties or face civil action if they require employee attendance at such meetings under threat of discharge, discipline, or some other adverse employment action.

Lawful Off-Duty Conduct

Employers are also prohibited from terminating employees or discriminating against them for “lawful conduct” that takes place during nonworking hours and away from the employer’s premises. Off-duty conduct that harms or potentially harms the employer’s business interests and/or involves a crime may validly be the basis for employee discipline. As is often the case, the individual facts must be considered along with competing legal and business interests. 

 *           *           *

If you have questions or would like additional information, please contact our Labor & Employment attorneys or the primary EGS attorney with whom you work.