Takeaway: Under New York law, an employer cannot force an employee to choose between continued employment and running for office.
A bank employee running for a New York State Assembly seat who was asked to choose between running for office and continuing his employment with the bank could proceed with his lawsuit under New York law, a federal appeals court ruled.
The New York statute in question makes it unlawful for an employer to discharge or discriminate against an employee for engaging in specified political activities outside of work hours. Protected activities expressly include "running for public office." The lower court dismissed the action before trial. The court concluded that because the employee resigned from his position to continue his run for office, he was not subjected to an adverse employment action. Therefore, his lawsuit could not succeed. The employee appealed.
Candidates elected to the New York State Legislature serve as part-time legislators during the legislative session, which lasts from January to June, in Albany, N.Y. After the bank learned that the employee was running for office, he met with his supervisor and the bank's vice president of human resources. They both expressed concerns, not about the time the employee would spend campaigning, but about the time he would spend discharging the duties of an assemblymember.
The bank had internal policies and procedures concerning outside employment opportunities for its workers. Outside employment...
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