Re: Home Schools, Alternatives, post-pandemic
Posted: Thu May 20, 2021 3:52 pm
Lots of states protect political speech outside the workplace:
https://www.natlawreview.com/article/de ... -workplace
There are many sources of law that may be implicated in regulating employee political speech and activity. A variety of federal and state statutes address discrimination in the workplace, including Title VII of the Civil Rights Act of 1964 (Title VII), the Age Discrimination in Employment Act (ADEA), the Michigan Elliott-Larsen Civil Rights Act (ELCRA), and the Michigan Persons With Disabilities Civil Rights Act, which respectively prohibit discrimination and retaliation based on an individual's race, color, sex, age, religion, national origin, disability, height, weight, or marital status. Other statutes like the National Labor Relations Act (NLRA), 29 U.S.C. §151 et seq., protect certain concerted activity by employees related to the terms and conditions of employment. The NLRA protects both union and nonunion employees who engage in concerted activity. Section 7 of the NLRA provides that employees have the right to engage in "concerted activities for the purpose of collective bargaining or other mutual aid or protection." The NLRA also might protect employee speech where it concerns the terms and conditions of employment under the 'mutual aid or protection' clause. Eastex, Inc. v. N.L.R.B., 437 U.S. 556, 566-69 (1978).
Retaliation for engaging in activity which is purely political, without a nexus to employment-related issues, is not likely covered by Title VII, the ELCRA, or the NLRA. However, certain types of political speech-such as comparing "me too" harassment described in the media with the employees' work environment, or advocacy for better wages in connection with political activity-may constitute protected activity and trigger statutory protection. Also, employers may be required to stop certain types of "political" speech if it creates a hostile environment for, or indicates animus towards, other employees in a protected class.
Additionally, some states have passed legislation to address adverse action based on political activity. For instance, Colorado, North Dakota, and Utah prohibit discrimination based on "lawful conduct outside of work." Connecticut goes even further and prohibits discrimination based on the rights guaranteed by the First Amendment, even for private employers so long as the activity does not substantially interfere with the employee's job performance. Other states, such as California and New York, prohibit discrimination for off-duty "recreational activities," which could include attending political events.
A handful of states and jurisdictions, including California, Colorado, Guam, Louisiana, Minnesota, Missouri, Nebraska, Nevada, South Carolina, Utah, West Virginia, Seattle (Washington), and Madison (Wisconsin), prohibit employers from retaliating against employees for engaging in "political activities." New Mexico protects employees' "political opinions." Colorado and North Dakota ban employers from firing employees for any off-duty lawful activity, including speech. Finally, other states and jurisdictions, including New York, Illinois, Washington D.C., Utah, Iowa, Louisiana, Puerto Rico, Virgin Islands, Broward County (Florida) and Urbana (Illinois) specifically prohibit employers from discriminating against employees based on party membership or for engaging in election-related speech and political activities. Thus, it is very important to consider all state authority that might impact employee conduct related to demonstrations.