Archive | Laws Restricting Private Retaliation for Speech

From Nava v. Safeway, Inc. (Cal. Ct. App. July 31, 2013), an interesting illustration of what can happen under statutes protecting private employees against employer retaliation based on the employees’ political speech or beliefs: Defendant Safeway, Inc. …, a large supermarket chain, frequently displayed thematic posters in its stores and distribution centers as a way […]

State statutes in Maine, New Hampshire, and Utah ban “improper influence” on “voters.” Each provides, with immaterial variations, that, A person is guilty of improper influence if he … [t]hreatens any harm to a public servant, party official or voter with the purpose of influencing his action, decision, opinion, recommendation, nomination, vote or other exercise […]

I blogged earlier today about whether employers may fire employees based on how they voted (no), and whether employers may urge employees to vote a particular way (generally yes). But may employers require employees to participate in campaign activity, such as by showing up at a rally supporting a particular candidate? It depends on the […]

As I mentioned below, employers generally may not fire or threaten to fire employees based on their votes. But may they try to persuade their employees to vote a particular way? And, in particular, may they argue that, if a particular candidate is elected, things will go badly for the business and therefore for its […]

I’ve recently heard some uncertainty about whether employers may fire employees based on how they voted, or threaten to fire them based on how they voted. The answer — based on my own research — is that all states have laws that ban this sort of conduct as to state elections, and the federal government […]

Gallaudet University’s “chief diversity officer,” Angela McCaskill, was suspended (with pay) for signing a petition that sought a referendum vote on whether to undo Maryland’s new same-sex marriage law. Is it legal for a private employer to suspend or fire an employee for signing a referendum or initiative petition? It depends on the state. As […]

Dale blogged yesterday about an interesting campaign contribution disclosure case. An employee of a Catholic organization in Minnesota (called John Doe for purposes of the litigation) donated $600 to a group opposing a proposed Minnesota constitutional amendment that would have provided that under Minnesota law marriage may be only between a man and a woman. […]

My article on this subject just came out, but I neglected to blog about it. Here is the Introduction, which briefly explains the issue, and provides a very quick — and, I hope, interesting — bit of history about it. The article itself is aimed at describing the law, both by quoting the relevant statutes […]

The L.A. Times reports: Santa Monica’s Hotel Shangri-La and its owner discriminated against members of a Jewish organization two years ago when staff and security guards ordered the group to halt a poolside event, a jury determined Wednesday…. Members of the Friends of the Israel Defense Forces had gathered at the Art Deco hotel on […]

I’m writing a short article on state laws that restrict private employers (as well as government employers) from discriminating against employees based on the employees’ speech or political activity. There are more such laws than many think, and while I’m ambivalent about the laws, I thought they were worth flagging for people to consider. In […]