In today’s polarized times, more and more employees are wondering whether there is such a thing as discrimination based on political beliefs. The short answer is: it depends.
The law around whether “political affiliation discrimination” in the workplace is even “a thing” varies. Factors include whether you work in the private sector, your state’s laws, and the specific facts of your case. Let’s break down what you need to know.
What Does the Federal Law Say?
Unlike race, sex, religion, national origin, age, or disability—categories protected under federal anti-discrimination laws—political affiliation is not a federally protected class. This means, in most cases, federal law won’t offer protection for an employee who has been subjected to adverse actions based on her political beliefs.
Do Any States Offer Protections?
Some do, and their protections vary widely.
For example, New York prohibits discrimination against those who engage in political activities outside of work—without the use of the employer’s property or equipment.
The District of Columbia specifically provides protection against discrimination based on political affiliation.
Other states, like Texas, do not offer protections for private-sector workers. If you’re a private-sector employee in Texas, you can be discriminated against for your political views—unless there is some other contour to the story that may render the adverse actions unlawful nonetheless. There is no statewide law in Texas prohibiting discrimination for political activity outside of work hours either.
What Should You Do If You’re Targeted?
If you believe you’ve been treated unfairly because of your political beliefs, here’s what you can do:
- Know where the evidence is: Identify emails, messages, notes, or conversations that support your concern.
- Check your employee handbook: Check to see whether any of this is addressed in the handbook, including whether political activity outside of work hours is addressed.
- Consult a Dallas employment attorney: An attorney can help you understand whether there are any cognizable claims available to you—apart from the political affiliation issue.
- Don’t act impulsively: Resigning without consulting a lawyer can materially impact your legal options.
If you’re unsure of your rights, speak with a qualified employment attorney. It’s always better to understand your options as early as possible—especially when your job is on the line.