California law provides robust protections for employees’ political activity, including anti-discrimination laws, off-duty conduct laws, employee voting leave laws, statewide election notice requirements, and laws allowing employees to serve as election officers. These laws make it difficult for employers to control political speech and activity in the workplace, which is expected to increase as the 2024 U.S. election approaches, protests continue across the country, and citizens engage in discourse on important topics. How an employer deals with politics in the workplace can have broad implications, impacting not only employee interactions but also customer engagement, vendor relationships, shareholder perceptions, and the organization’s brand.
Two sections of the California Labor Code prohibit employers in the state from discriminating against employees for political purposes. California Labor Code Section 1101 provides that “[n]o employer shall make, adopt, or enforce any rule, regulation, or policy: (a) Forbidding or preventing employees from engaging or participating in politics ... [or] (b) Controlling or directing, or tending to control or direct the political activities or affiliations of employees.”
Similarly, Section 1102 provides that “[n]o employer shall coerce or influence or attempt to coerce or influence his employees through or by means of threat of discharge or loss of employment to adopt or follow or...
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