The following first appeared on Robinson+Cole’s Manufacturing Law Blog. It is reposted here with permission.
With the 2024 election fast approaching, and political news exploding, manufacturers are asking an important question: What is the role of political bobbleheads, pins, stickers, and discussions in the workplace?
While public employers (i.e., government employers) are generally restricted from infringing upon employees’ free speech rights under the First Amendment of the U.S. Constitution, those same protections do not apply to employees working for a private employer.
That being said, there may be protections under state and federal law.
Under several state laws, employees’ political affiliation or related activity is protected.
For example, in California, no employer may make, adopt, or enforce any rule, regulation, or policy that forbids or prevents employees from engaging or participating in politics or becoming candidates for public office, or controls or directs the political activities or affiliations of employees.
The law further provides that employers may not coerce or influence employees to adopt, follow, or refrain from adopting or following a particular political action or activity.
Similarly, in Colorado, it is unlawful to prevent employees from forming, joining, or belonging to any lawful political party or to coerce employees because of their connection to a lawful political party.
New York also mandates that an employer cannot take...
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