Expressing Your Political Views in the Workplace: What You Need to Know

With Election Day fast approaching, employees across Maryland are discussing politics in the workplace. In fact, at this point, you would be hard-pressed to find a workplace where the election is not a topic of discussion. But, for various reasons, employers may not want their employees to express their political views while on the job. If you have lost your job or faced other adverse employment action as a result of expressing your political views at work, what do you need to know? Our Maryland employment lawyer explains.

The First Amendment Does Not Apply in the Private Sector

We’ll cover one of the most important topics—and most common misconceptions—first. If you work in the private sector, the First Amendment does not give you the right to express your political views on the job. This is because private employers are not bound by the First Amendment. Private employers can restrict speech in the workplace, and they can take adverse employment action based on their employees’ speech if they so choose—unless a state or local law says otherwise.

This means that “political discrimination” in the private sector isn’t common in most states. While many employees are surprised that they can lose their jobs if they express their political opinions on the job, federal law does not provide protections for political speech in the private sector.

Some States Have Laws that Protect Political Speech in the Private Sector—But Maryland Does Not

Although the First Amendment does not give private-sector employees the right to express their political views on the job, some states have enacted laws that prohibit discrimination in employment based on political speech. Unfortunately, Maryland is not one of these states. While neighboring Washington D.C. protects private-sector employees against discrimination based on “political affiliation,” Maryland does not. In Maryland, your employer cannot attempt to influence your vote through intimidation or bribery, but it can restrict what you say at work if it chooses to do so. Even if an employer has adopted a policy against considering political views or political affiliations in employment matters, violations of these types of policies generally do not provide grounds for employees to pursue legal action.

What about political posts on private social media accounts? Generally speaking, companies can also take these into account when making employment-related decisions. Since private-sector employees in Maryland are not protected against political discrimination, employers can consider employees’ political statements—both at work and online—when deciding who they want on their payroll.

Furthermore, since political discrimination is not prohibited in Maryland’s private sector, not only can employers restrict their employees’ political speech generally, but they can also take adverse employment action based on employees’ specific political views. This also comes as a surprise to many employees. Even if your employer treats you differently from a co-worker who has different political views, generally speaking, this will not provide grounds for you to pursue legal action under Maryland law.

One Major Caveat: Protection Under an Employment Contract

There is one major caveat to everything we’ve discussed thus far: Regardless of what the law says, an employer cannot take adverse employment action if such action is prohibited by an employee’s employment contract. Employment contracts can (and often do) provide employees with rights not afforded under state or federal law, and when employers breach their contracts with their employees, they can be held accountable. Thus, if you have an employment contract that limits the grounds for terminating your employment, then termination of your employment based on your political statements could give you a claim for breach of contract.

Is Your Political Speech an Ulterior Motive for Unlawful Adverse Employment Action?

There is another important factor to consider as well. While private-sector employers in Maryland may be able to take adverse employment action based on employees’ political speech, they cannot use their employees’ political speech as an ulterior motive for unlawful action. Thus, if your employer claimed that your termination or other adverse employment action was based on your political speech but it was actually based on your race, religion, sex or another protected trait, you may have a claim for discrimination under Maryland (or federal) law.

Request an Appointment with a Maryland Employment Lawyer Today

Do you have questions about your legal rights as an employee in Maryland? To request an appointment with Maryland employment lawyer Jay W. Stafford and his team, please call 410-514-6099 or contact us confidentially online today.