Political Discrimination at Work: Your Rights in California

Have you ever felt that your political views cost you your job or held you back in your career in Los Angeles? While many assume that workplaces can dictate what you say or do politically, California law offers unique protections for employees against political discrimination. But these cases can be complex, and knowing your rights is crucial if you’re facing this type of discrimination.

With the diverse industries in Los Angeles—from entertainment to tech—it’s not uncommon for political beliefs to clash in the workplace. Here’s what you need to know to protect your rights.

Does California Protect Against Political Discrimination?

Yes! California’s Labor Code Sections 1101 and 1102 make it illegal for employers to control or prevent employees from engaging in political activities or affiliations. These laws are designed to ensure that your political beliefs and actions—whether you’re volunteering for a campaign or donating to a cause—are protected from employer retaliation.

What Political Activities Are Protected Under California Law?

The following activities are protected in California workplaces:

• Party membership: Whether you’re a registered Democrat, Republican, Independent, or any other political party, your affiliation is protected.
• Political donations: If you choose to donate to political campaigns or causes, your employer cannot retaliate against you for it.
• Campaign volunteering: Whether it’s canvassing for a candidate or phone banking, your participation in political campaigns is protected.
• Political social media posts: Posting your political views on social media, within reason, is generally protected, as long as it doesn’t disrupt the workplace.
• Voting activities: Your right to vote and take part in election-related activities is safeguarded.
• Attending rallies: Participation in political rallies or protests, even controversial ones, cannot legally be held against you at work.

Example:

In industries like entertainment or media, where political views are often a major part of workplace culture, political discrimination can be more common. According to a 2022 survey, nearly 35% of Los Angeles employees in these fields said they felt pressure to align with their company’s political stance.

What Does Political Discrimination Look Like in the Workplace?

Political discrimination can be subtle or outright hostile. Here are some common forms that employees in Los Angeles might face:

• Sudden termination: Being fired shortly after expressing political views or attending a rally could be a sign of retaliation.
• Promotion denial: If you’re being passed over for promotions while colleagues with similar qualifications move ahead, it might be due to your political beliefs.
• Schedule changes: Employers may alter your work schedule as punishment for political activity.
• Hostile work environment: Persistent harassment or ostracization because of your political views can create a hostile workplace.
• Targeted harassment: Direct insults, jokes, or bullying related to your political stance.
• Pay discrimination: Receiving lower wages or fewer benefits than others in your position because of your political activities.
• Forced political activity: Some employers might pressure employees to support a specific political cause or candidate.

Example:

A Sherman Oaks media producer was passed over for a promotion after voicing political views on social media that conflicted with the network’s general stance. Despite strong performance reviews, the producer faced subtle forms of retaliation, such as reduced responsibilities and exclusion from meetings. The case was later settled, with the employee receiving compensation for lost wages.

How Do I Prove Political Discrimination in Los Angeles?

Proving political discrimination requires thorough documentation and the ability to show that your employer acted against you based on your political activities or beliefs. Here’s how to start building your case:

What Evidence Should I Collect?

1. Save emails and texts: If you’ve received any messages from your employer referencing your political activities, save them as evidence.
2. Record conversations: In California, it’s legal to record conversations if both parties agree, but be mindful of state law before doing so.
3. Keep performance reviews: Document any positive performance evaluations you received before the discrimination began.
4. Note witness names: Keep a list of coworkers or witnesses who can attest to any discriminatory behavior or hostile comments.
5. Track timeline: Keep a detailed timeline of events, from when the discrimination started to when your employment situation changed.
6. Preserve social media posts: If your employer is retaliating due to something you posted online, keep records of the posts and any employer responses.
7. Maintain activity logs: Track any meetings, changes in responsibilities, or other actions that occurred after engaging in political activities.

LA-Specific Considerations:

In Los Angeles, political discrimination cases can be particularly tricky in industries like tech and entertainment, where political beliefs are often part of the company culture. Keeping thorough records of any retaliation can help your case.

What Legal Protections Are Available for Political Discrimination?

If you can prove political discrimination, California law offers several remedies to make things right:

• Lost wages recovery: You may be able to recover lost wages if you were terminated or faced pay discrimination due to your political activities.
• Job reinstatement: If you were wrongfully terminated, you might be entitled to get your job back.
• Emotional distress damages: If the political discrimination caused emotional or mental distress, you could receive compensation.
• Punitive damages: These are additional damages intended to punish the employer for particularly egregious behavior.
• Attorney fees: If you win your case, the employer may be required to pay your legal fees.
• Civil penalties: Employers who violate California’s political discrimination laws may face fines and penalties.
• Injunctive relief: This could require the employer to stop certain discriminatory practices.

How Can I Hold My Employer Accountable?

• File a claim with the California Department of Fair Employment and Housing (DFEH) to initiate an investigation into your employer’s practices.
• Consult an employment attorney like Fraigun Law Group for personalized legal advice and representation.

What Are My Political Rights at Work in California?

While employers in Los Angeles can set certain boundaries around political discussions in the workplace to maintain professionalism, you still have rights. Here’s what you can and can’t do at work:

You Can:

• Discuss politics (within reason): As long as it doesn’t disrupt work or create a hostile environment, political discussions are typically allowed.
• Support political candidates: You can openly support candidates or causes, even if they’re controversial.
• Attend rallies or protests: Attending political events outside of work hours is fully protected.
• Make donations: Financially supporting political candidates or causes cannot legally be held against you.
• Express your views online: Employers cannot retaliate against you for political posts, unless they disrupt the workplace.

You Cannot:

• Force political activities on others: You can’t be forced to engage in political activities, such as attending a rally or supporting a specific candidate, by your employer.

Local Workplace Issues in Los Angeles: What to Watch For

In Los Angeles, political discrimination can be more prevalent in certain industries, and knowing where to look is key. Here’s where you may need to be particularly cautious:

• Entertainment industry: Political views are often woven into the culture, and disagreeing with the general political stance can lead to subtle blacklisting or exclusion from projects.
• Tech companies: While tech culture tends to be progressive, employees with conservative views sometimes report feeling ostracized or passed over for opportunities.
• Media workplaces: In journalism and broadcasting, political views can directly affect your role, particularly if you work on politically charged topics.
• Nonprofits and government contractors: Nonprofit organizations and government contractors may have political ties or stances that create conflict for employees who don’t align with their views.

Don’t Let Your Politics Cancel Your Paycheck

If you believe you’ve been discriminated against for your political views or activities, don’t wait. Fraigun Law Group understands the unique dynamics of Los Angeles workplaces, especially in industries like entertainment, media, and tech. Contact us today to protect your rights and your career. You shouldn’t have to choose between your job and your beliefs.