As campaign season heats up and political protests continue on top of an already stressed workforce, most employers seek to maintain a harmonious work environment. While perhaps tempting to regulate employee behavior to keep politics out of the workplace, employers should tread carefully.

Under California’s discrimination laws, political affiliation is not a protected classification.  On the other hand, Labor Code section 1101 states that an employer shall not make rules, regulations, or policies that prohibit employees from engaging or participating in politics, including becoming candidates for public office. Similarly, Labor Code section 1102 prohibits employers from coercing or influencing employees through adverse employment action to adopt or follow any particular course or line of political action or political activity.  As such, employers should be thoughtful in crafting policies about political expression in the workplace.

Employers may also want to regulate employees’ activities outside the work environment to avoid embroiling the business in controversy but must be cognizant of their employees’ rights to engage in lawful activities outside work, such as attending demonstrations or posting opinions on social media.

These freedoms for employees do not preclude employers from enforcing policies against harassment between employees whether it occurs in the workplace or on social media. Employers also may enforce policies prohibiting employees from attributing their own opinions or preferences to their employer, whether in social media or in public, as well as ensuring protection for the company and its intellectual property.

For assistance navigating these or other matters, contact the authors or your favorite Jackson Lewis attorney.

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Photo of Mitchell F. Boomer Mitchell F. Boomer

Mitchell F. Boomer is the office managing principal in the Austin, Texas, office and a principal in the San Francisco, California, office of Jackson Lewis P.C. Since joining the firm in 1992, he has represented employers in all areas of employment litigation, including…

Mitchell F. Boomer is the office managing principal in the Austin, Texas, office and a principal in the San Francisco, California, office of Jackson Lewis P.C. Since joining the firm in 1992, he has represented employers in all areas of employment litigation, including wrongful termination, employment discrimination, retaliation, whistleblower, trade secret and unfair competition cases in federal and state courts in California, Washington and Nevada.

Mitch regularly advises clients on employee discipline, layoffs, reductions in force, human resource policies, leave management and disability matters. Mitch frequently addresses private industry groups on a variety of employment topics, including sexual harassment in the workplace, unfair competition, workplace violence, wage and hour law, preventive employee relations, disability and leave management, and current developments in federal and state labor and employment law.

Photo of Arcelia N. Magaña Arcelia N. Magaña

Arcelia N. Magaña is an associate in the San Diego, California, office of Jackson Lewis P.C. An experienced litigator, and trial attorney, she provides insight into best practices to develop a stable, high-functioning workforce to avoid the disruption and expense of litigation.

Arcelia…

Arcelia N. Magaña is an associate in the San Diego, California, office of Jackson Lewis P.C. An experienced litigator, and trial attorney, she provides insight into best practices to develop a stable, high-functioning workforce to avoid the disruption and expense of litigation.

Arcelia has defended more than 20 wage and hour class and representative actions over the last seven years, including actions brought under the Private Attorneys General Act (PAGA). Arcelia also handles discrimination and harassment cases, and responses to inquiries by the California Civil Rights Department (CRD) and Equal Employment Opportunity Commission (EEOC). She recently helped a client secure a full defense arbitration award in a disability discrimination case.